Occupational Health, Safety and Welfare Regulations 1995 (SA)
South Australia
Occupational Health, Safety and Welfare Regulations 1995
under the Occupational Health, Safety and Welfare Act 1986
Contents
Part 1—Preliminary
Division 1.1—Preliminary
1.1.1 Short title
1.1.4 Notes
1.1.5 Interpretation
Division 1.2—Responsibilities under the regulations
1.2.1 Employers
1.2.2 Employees
1.2.3 Self-employed persons
1.2.4 Occupiers of workplaces
1.2.5 Owners of buildings
1.2.6 Owners of plant
1.2.7 Designers of buildings
1.2.8 Designers of plant or structures
1.2.9 Manufacturers
1.2.10 Suppliers
1.2.11 Importers
1.2.12 Installers or erectors of plant or structures
1.2.13 Other persons
1.2.14 Specification of responsibilities
1.2.15 General defence
Division 1.3—General principles for implementation of the regulations
Subdivision 1—Responsibilities of employers
1.3.1 Consultation
1.3.2 Hazard identification and risk assessment
1.3.3 Control of risk
1.3.4 Information, instruction and training
1.3.5 Induction to new work
1.3.6 Supervision
1.3.7 Employer action on reports
Subdivision 2—Responsibilities of employees
1.3.8 Responsibilities of employees
Part 2—General workplace
Division 2.1—Access and egress
2.1.1 Access and egress
Division 2.2—Amenities
2.2.1 Facilities for personal belongings
2.2.2 Facilities for changing clothes
2.2.3 Facilities for dining
2.2.4 Combined facilities
2.2.5 Toilets
2.2.6 Washing facilities
2.2.7 Drinking water
2.2.8 Arrangements for sick
2.2.9 Seating
Division 2.3—Buildings and their precincts
2.3.1 Application
2.3.2 Floors
2.3.3 Fragile roofing materials
2.3.4 Space per person
Division 2.4—Confined spaces
2.4.1 Preliminary
2.4.2 Design, manufacture, supply and modification
2.4.3 Hazard identification and risk assessment
2.4.4 Control of risk
2.4.5 Entry permit
2.4.6 Control of fire and explosion risk
2.4.7 Rescue arrangements
2.4.8 Education and training
Division 2.5—Electrical
2.5.1 Preliminary
2.5.2 Work in vicinity of electrical hazards
2.5.3 Competency requirements
2.5.4 Electrical installations etc
2.5.5 General requirement for hazard identification at the workplace
2.5.6 Electrical installations—Hazard identification, risk assessment and control of risk
2.5.7 Inspection and testing of electrical plant
2.5.8 Provision of R.C.D.s
2.5.9 Testing and maintenance of R.C.D.s
Division 2.6—Emergency facilities and procedures
2.6.1 Preliminary
2.6.2 Emergency exits, procedures and training
2.6.3 Emergency facilities
2.6.4 Rescue arrangements
Division 2.7—Fire prevention
2.7.1 Fire prevention
Division 2.8—Lighting
2.8.1 Lighting
Division 2.9—Manual handling
2.9.1 Preliminary
2.9.2 Design
2.9.3 Risk assessment
2.9.4 Risk control
2.9.5 Duties of employees
Division 2.10—Noise
2.10.1 Preliminary
2.10.2 Duties of designers, manufacturers, suppliers and importers
2.10.3 Duties of employers
2.10.4 Duties of employees
Division 2.11—Occupational health and first aid
2.11.1 Occupational health and first aid in the workplace
Division 2.12—Personal protection
2.12.1 Personal protection
2.12.2 Use of air supplied respiratory equipment
Division 2.13—Prevention of falls
2.13.1 Prevention of falls
Division 2.14—Remote or isolated work
2.14.1 Isolated work
Division 2.15—Storage
2.15.1 Storage
Division 2.16—Traffic control
2.16.1 Traffic control
Division 2.17—Ventilation
2.17.1 Ventilation
Division 2.18—Workplace cleanliness and hygiene
2.18.1 Cleanliness and hygiene
Part 3—Plant
Division 3.1—Preliminary
3.1.1 Purpose
3.1.2 Definitions
3.1.3 Scope
3.1.4 Application of Part
3.1.5 Incorporation of references
3.1.6 Inspection fee
Division 3.2—Duties
Subdivision 1—Duties of designers
3.2.1 Hazard identification and risk assessment
3.2.2 Control of risk
3.2.3 Provision of information
Subdivision 2—Duties of manufacturers
3.2.4 Special duty
3.2.5 Hazard identification and risk assessment
3.2.6 Control of risk
3.2.7 Provision of information
Subdivision 3—Duties of importers
3.2.8 Special duty
3.2.9 Control of risk
3.2.10 Provision of information
Subdivision 4—Duties of suppliers
3.2.11 Control of risk
3.2.12 Provision of information
Subdivision 5—Duties of erectors or installers
3.2.13 Hazard identification and risk assessment
3.2.14 Control of risk
Subdivision 6—Duties of employers
3.2.15 Hazard identification and risk assessment
3.2.16 Training, information, instruction and supervision
3.2.17 Control of risk
3.2.18 Design
3.2.19 Installation and commissioning
3.2.20 Use
3.2.21 Repair
3.2.22 Alteration
3.2.23 Dismantling, storage and disposal of plant
Subdivision 7—Employer's specific duties for control of risk
3.2.24 Plant under pressure
3.2.25 Plant with moving parts
3.2.26 Powered mobile plant
3.2.27 Plant with hot or cold parts
3.2.28 Electrical plant and plant exposed to electrical hazards
3.2.29 Plant designed to lift or move
3.2.30 Industrial robots and other remotely or automatically energised equipment
3.2.31 Lasers
3.2.32 Scaffolds
3.2.33 Lifts
3.2.35 Record keeping
Subdivision 8—Duties of owners
3.2.36 Application
3.2.37 Hazard identification and risk assessment
3.2.38 Control of risk
3.2.39 Provision of information
3.2.40 Maintenance, inspection, repair and cleaning
3.2.41 Alteration
3.2.42 Dismantling, storage and disposal of plant
3.2.43 Specific duty for control of risk
3.2.44 Record keeping
Subdivision 9—Duties of self-employed persons
3.2.45 Hazard identification and risk assessment
3.2.46 Control of risk
3.2.47 Provision of information
3.2.48 Record keeping
Division 3.3—General requirements for hazard identification, risk assessment and control of risk
3.3.1 Hazard identification
3.3.2 Risk assessment
3.3.3 Control of risk
Division 3.4—Registration of plant designs and items of plant
3.4.1 Preliminary
3.4.2 Registration of plant design
3.4.3 Registration of items of plant
3.4.4 Renewal of registration
3.4.5 Notification of compliance
3.4.6 Periodic fees
3.4.7 Transitional provisions
Part 3A—Amusement structures
Division 3A.1—Preliminary
3A.1.1 Purpose
3A.1.2 Application of Act to amusement structures
3A.1.3 Interpretation
3A.1.4 Inconsistent safety instructions
Division 3A.2—Duties associated with the design, manufacture and supply of amusement structures
Subdivision 1—Duties of designers
3A.2.1 Hazard identification and risk assessment
3A.2.2 Control of risk
3A.2.3 Provision of information (including as to classification)
Subdivision 2—Duties of manufacturers
3A.2.4 Special duty
3A.2.5 Hazard identification and risk assessment
3A.2.6 Control of risk
3A.2.7 Provision of information
Subdivision 3—Duties of importers
3A.2.8 Special duty
Subdivision 4—Duties of suppliers
3A.2.9 Control of risk
3A.2.10 Provision of information
Division 3A.3—Duties associated with the installation, maintenance and use of amusement structures
3A.3.1 Duties of proprietor
3A.3.2 Erection or installation
3A.3.3 Hazard identification and initial testing
3A.3.4 Appointment of competent operators
3A.3.5 Daily inspections
3A.3.6 Maintenance and periodic inspections
3A.3.7 Repairs and alterations
3A.3.8 Dismantling and storage
3A.3.9 Additional requirements
Division 3A.4—General requirements for hazard identification, risk assessment and control of risk
3A.4.1 Hazard identification
3A.4.2 Risk assessment
3A.4.3 Control of risk
Division 3A.5—Registration of designs and amusement structures
3A.5.1 Preliminary
3A.5.2 Registration of designs
3A.5.3 Registration of amusement structures
3A.5.4 Registration may lapse in certain cases
3A.5.5 Re-registration generally
3A.5.6 Display of registration details
3A.5.7 Notification of compliance
Part 4—Hazardous substances
Division 4.1—General hazardous substances
Subdivision 1—Preliminary
4.1.1 Purpose
4.1.2 Scope
4.1.3 Interpretation
Subdivision 2—Supplier's duties
4.1.4 Classification of hazardous substances
4.1.5 Material Safety Data Sheets
4.1.6 Labels
4.1.7 Ingredient disclosure
4.1.8 Provision of other relevant information
Subdivision 3—Employer's duties
4.1.9 Material Safety Data Sheets
4.1.10 Labels
4.1.11 Hazardous substances registers
4.1.12 Provision of other relevant information
4.1.13 Prohibition of scheduled substances for specified uses
4.1.14 Instruction and training
4.1.15 Risk assessment
4.1.16 Risk control
4.1.17 Atmospheric monitoring
4.1.18 Health surveillance
4.1.19 Record keeping
4.1.20 Relevant emergency services
Division 4.2—Asbestos
4.2.1 Preliminary
4.2.2 Provision of information
4.2.3 Exposure standards
4.2.4 Licence to carry out asbestos removal work
4.2.5 Suspension of work pending an appeal
4.2.6 Prohibited or restricted processes
4.2.7 General duty
4.2.8 Duties of employers
4.2.9 Duties as to atmospheric monitoring
4.2.10 Duties of building owners and other persons in possession of asbestos
4.2.11 Personal safety
4.2.12 Special provisions relating to chrysotile asbestos
Division 4.3—Lead
4.3.1 Purpose
4.3.2 The work area
4.3.3 Furniture and equipment
4.3.4 Control of atmospheric contaminants
4.3.5 Amenities
4.3.6 Safe procedures
4.3.7 Personal protective equipment
Division 4.4—Synthetic mineral fibres
4.4.1 Preliminary
4.4.2 Exposure standards
Part 5—Hazardous work
Division 5.1—Abrasive blasting
5.1.1 Purpose
5.1.2 Prohibited operations
5.1.3 Abrasive blasting equipment
5.1.4 Blasting chambers and cabinets
5.1.5 Safety and maintenance
5.1.6 Abrasive blasting outside a blasting chamber or cabinet
5.1.7 Personal protective equipment and washing facilities
Division 5.2—Demolition
5.2.1 Preliminary
5.2.2 Risk assessment and control
5.2.3 Prevention of access and warning notices
5.2.4 Overhead protection
5.2.5 Working on or from fragile material
5.2.6 Use of existing stairs for access
5.2.7 Emergency measures in the event of instability
5.2.8 Protection of persons in public places
5.2.9 Approval to carry out certain demolition work
Division 5.3—Diving
5.3.1 Purpose
5.3.2 Interpretation
5.3.3 General requirements
Division 5.4—Electroplating
5.4.1 Purpose
5.4.2 The work area
5.4.3 Storage of hazardous substances
5.4.4 Safety and maintenance
5.4.5 Control of atmospheric contaminants
5.4.6 Personal protective equipment and washing facilities
Division 5.5—Excavation work
5.5.1 Preliminary
5.5.2 Site report
5.5.3 Daily inspection
5.5.4 Performance of work
Division 5.6—Foundry work
5.6.1 Preliminary
5.6.2 The work area
5.6.3 Equipment and materials
5.6.4 Control of atmospheric contaminants
5.6.5 Moulding and casting
5.6.6 Rumbling
5.6.7 Personal protective equipment and washing facilities
Division 5.7—Logging
5.7.1 Preliminary
5.7.2 Duty in relation to allocation of work
5.7.3 Proficiency of persons performing logging work
5.7.4 Communication systems
5.7.5 Felling or cross-cutting
5.7.6 Snigging or skidding
5.7.7 Warning signs
5.7.8 Equipment and machinery
5.7.9 Log transportation
5.7.10 Haul roads
5.7.11 Personal protective clothing and equipment
Division 5.8—Spray painting
5.8.1 Purpose
5.8.2 The work area
5.8.3 Spray booths—construction
5.8.4 Spray booths—exhaust ventilation
5.8.5 Safe working and maintenance procedures
5.8.6 Personal protective equipment
Division 5.9—Welding
5.9.1 Purpose
5.9.2 Work area
5.9.3 Use of manifolds
5.9.4 Safe procedures and personal protective equipment
Division 5.10—Construction work
5.10.1 Preliminary
5.10.2 Appointment of safety supervisors
5.10.3 Responsibilities
5.10.4 Additional duties
Division 5.11—Petroleum work
5.11.1 Preliminary
5.11.2 Masts and substructures
5.11.3 Siting of flares
5.11.4 Regulation of certain practices
5.11.5 Blowout prevention
5.11.6 Blowout preventer closing units
5.11.7 Testing blowout prevention equipment
5.11.8 Removal of blowout prevention equipment
5.11.9 Blowout prevention training and procedures
5.11.10 Well drilling fluids
5.11.11 Certain operations not to be conducted at night
Division 5.12—Mining work
5.12.1 Preliminary
5.12.2 Specific offence for managers
5.12.3 Inspection record system
5.12.4 Site report
5.12.5 Daily inspection
5.12.6 Performance of work
5.12.7 Self-rescuers
5.12.8 Stability of ground
5.12.9 Mode of working
5.12.10 Diesel exhaust
5.12.11 Winches and personnel transportation
5.12.12 Shafts and winding
5.12.13 Fuel use and storage underground
5.12.14 Electricity—particular provisions
5.12.15 Earthing—underground
5.12.16 Residual current devices
5.12.17 Earth continuity equipment
5.12.18 Cabling
5.12.19 Aerial conductors
5.12.20 Ventilation—general
5.12.21 Ventilation—design
5.12.22 Ventilation—plans
5.12.23 Ventilation—checking
5.12.24 Disused workings
5.12.25 Requirement to hold licence to conduct blasting operation
5.12.26 Transitional provision—blaster's permits
5.12.27 Grant or renewal of licence
5.12.28 Conditions of blaster's licence
5.12.29 Acquisition of explosives under a licence
5.12.30 Cancellation or suspension of licence
5.12.31 Return of licence
5.12.32 Retention of licence while explosives remain in possession
5.12.33 Responsibilities of shotfirer and employer or contractor
5.12.34 Attendance of shotfirer at blasting operation and supervision of others
5.12.35 Hazard identification and risk control etc
5.12.36 Storage of blasting explosives
5.12.37 Action in event of thunderstorm or duststorm
5.12.38 No other work in vicinity of blasting explosives
5.12.39 Ensuring explosives are not damaged or defective
5.12.41 Reduction of ground vibration and airblast
5.12.42 Use of explosives in darkness
5.12.43 Capping of fuses and preparation of primer cartridges
5.12.44 Charging of shotholes
5.12.45 Safety fuse firing
5.12.46 Electrical firing
5.12.47 Blasting in hot material
5.12.48 Exclusion of people from area
5.12.49 Butts and misfires
5.12.50 Disposal of blasting explosives
5.12.51 Requirements for storage in underground magazine at mine
Division 5.13—Opal mining
5.13.1 Preliminary
5.13.2 Interpretation
5.13.3 Safety performance
5.13.4 New and previously worked opal mines
5.13.5 Daily inspections
5.13.6 Underground fires
5.13.7 Ground support for an underground opal mine
5.13.8 Ground support for a surface opal mine
5.13.9 Diesel engines
5.13.10 Fuel use and storage underground
5.13.11 Winches for personnel transportation
5.13.12 Shafts and drill holes
5.13.13 Electricity installations and use
5.13.14 R.C.D.s
5.13.15 Earth continuity equipment
5.13.16 Cabling
5.13.17 Ventilation
5.13.18 Requirement to hold licence to conduct blasting operation
5.13.19 Transitional provision—blaster's permits
5.13.20 Grant or renewal of licence
5.13.21 Conditions of blaster's licence
5.13.22 Cancellation or suspension of licence
5.13.23 Return of licence
5.13.24 Responsibilities of holder of a blaster's licence
5.13.25 Responsibility of other persons involved in blasting operations
Part 6—Administration
Division 6.1—Health and safety representatives
6.1.1 Purpose
6.1.2 Preliminary
6.1.3 Notice of election day
6.1.4 Nomination
6.1.5 Voting
6.1.6 Election
6.1.7 Deputy health and safety representatives
6.1.8 Provision of information
6.1.9 Retention of voting material
6.1.10 Display of notices
6.1.11 Training
6.1.12 Default notices
6.1.13 Provision of Act and regulations
Division 6.2—Health and safety committees
6.2.1 Health and safety committees
Division 6.3—Confidentiality of health records
6.3.1 Confidentiality of health records
Division 6.4—Competency requirements and registration of assessors
6.4.1 Preliminary
6.4.2 Certificate classes
6.4.3 Requirement to hold a certificate of competency
6.4.4 Exemption from holding certificate
6.4.5 Application for certificate
6.4.6 Eligibility for a certificate
6.4.7 Grant of certificate
6.4.8 Production of certificate for inspection
6.4.9 Suspension or cancellation of the certificate—grounds
6.4.10 Suspension or cancellation of certificate—procedure
6.4.11 Return of suspended or cancelled certificate
6.4.12 Appeal against decision of Director
6.4.13 Recognition of existing certificate or exemption
6.4.14 Transition to certificate
6.4.15 Loadshifting equipment
6.4.16 Registration of assessors
Division 6.5—Notification of commencement of certain work
6.5.1 Preliminary
6.5.2 Requirement to give notice of commencement of work
Division 6.6—Notification of certain occurrences
6.6.1 Preliminary
6.6.2 Notification of work-related injuries
6.6.3 Notification of dangerous occurrences
Division 6.7—Proceedings
6.7.1 Preliminary
6.7.2 Applications to the Industrial Commission
6.7.3 Applications to the President of the Industrial Court
6.7.4 Summonses
6.7.5 Appeals to the Industrial Court
6.7.6 Appeals to the Full Industrial Court
Division 6.8—Registration of employers
6.8.1 Registration of employers
6.8.2 Prescription of fee
Division 6.9—Miscellaneous
6.9.1 Provision of statutory instruments
6.9.2 Duplicate documents
6.9.3 Fees
6.9.3A False information
6.9.4 Offences
Schedule 1—Responsibilities of employers, employees, self-employed persons, occupiers and owners and other people
Schedule 2—Responsibilities of designers, manufacturers, importers, suppliers and installers/erectors
Schedule 3—Plant standards
Schedule 4—Plant designs, and plant, which must be registered
Part 1—Plant requiring registration of design
Part 2—Items of plant which must be registered
Schedule 5—Hazardous substances prohibited for specified uses
Schedule 6—Hazardous substances for which health surveillance is required
Schedule 7—Form for application for licence or limited licence to carry out asbestos removal work
Schedule 8—Fees
Schedule 9—Proceedings
Legislative history
Part 1—Preliminary
Division 1.1—Preliminary
1.1.1—Short title
These regulations may be cited as the Occupational Health, Safety and Welfare Regulations 1995.
1.1.4—Notes
Notes are explanatory notes provided to assist understanding and do not form part of these regulations.
1.1.5—Interpretation
In these regulations, unless the contrary intention appears—
abrasive blasting means the cleaning, smoothing, roughening or removal of the surface or part of the surface of an object by the use of an abrasive material propelled by a blast of compressed air or steam, a wheel, or other similar means;
abrasive material means a substance used or intended to be used as an abrasive for abrasive blasting;
the Act means the Occupational Health, Safety and Welfare Act 1986;
ADG Code means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport, endorsed by the Australian Transport Council and published by the Australian Office of Road Safety;
administrative noise control means a measure that reduces the noise to which a person at a workplace is exposed by means of work arrangements and includes—
(a)the scheduling of work; and
(b)job rotation; and
(c)limiting the entry of persons to noisy areas; and
(d)the observance of quiet work practices,
but does not include the use of personal hearing protectors;
alter in relation to plant means to change the design of, add to or take away from the plant where to do so may affect health or safety, but does not include undertaking routine maintenance, repair or replacement;
amusement structure means a structure or device operated for hire or reward, or provided on hire or lease—
(a)that is used or designed to be used for amusement, recreation, sightseeing or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device, or on which persons may jump or slide; and
(b)that is—
(i)an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect (called an amusement ride); or
(ii)an arrangement of equipment through which, or on which, a rider moves, where the desired effect is achieved primarily by the rider's self-powered motion, or by some other process that is not referred to in the description of an amusement ride (called an amusement device); or
(iii)a structure or arrangement of equipment through or on which, or down which, a person moves, where the desired effect is achieved primarily by the person's self-powered motion, by motion induced by gravity, or by some other process or means associated with the design or operation of the structure or equipment;
but does not include—
(c)a miniature train and railway system owned and operated by a model railway society, club or association; or
(d)a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act (including an Act of the Commonwealth); or
(e)a boat or flotation device—
(i)that is solely propelled by a person who is in or on the boat or device; and
(ii)that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or
(f)any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or
(g)a coin-operated device that—
(i)is intended to be ridden, at the one time, by no more than 4 children below the age of 10 years; and
(ii)is usually located in a shopping centre or similar public location; and
(iii)does not necessarily have an operator;
article means an item—
(a)that is formed during production to a specific shape or design, or to have a specific surface; and
(b)that is used for a purpose that depends in whole or in part on its shape, design or surface; and
(c)that undergoes no change in chemical composition or physical state during use,
but does not include any fluid or particle;
asbestos means the fibrous form of mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, crocidolite (blue asbestos), chrysotile (white asbestos) and tremolite, or a combination of two or more of these;
asbestos removal work means work involving the removal of—
(a)insulation material that consists of or contains asbestos, or other friable asbestos-containing material; or
(b)an asbestos-cement (fibro) product, or other non-friable asbestos-containing material;
asbestos work means any work where, in the course of that work, exposure to asbestos (or any material that consists of or contains asbestos) may occur;
associated temporary equipment means equipment specifically intended to provide a temporary platform, means of access, means of fall protection or means of protection from falling debris, and includes a temporary guardrail, temporary hoarding, temporary gantry, portable ladder, crane-lifted workbox, industrial safety net or individual fall-arrest system, but does not include a scaffold;
atmospheric contaminant means a harmful substance or agent that occurs in the form of any fume, mist, gas, dust, vapour or biological contaminant;
atmospheric monitoring means the sampling of the atmosphere at a workplace and deriving a quantitative estimate of the levels of hazardous substances in the air;
Australian Standard or AS means a standard of the Standards Association of Australia;
blasting cabinet means an enclosure used or intended to be used for the purpose of abrasive blasting and into which no person can enter or remain during an operating cycle;
blasting chamber means a structure in which a person is present during abrasive blasting;
boiler means a vessel, or an arrangement of vessels, and inter-connecting parts, in which steam or other vapour is generated, or water or other liquid is heated at a pressure greater than atmospheric pressure by the use of fire, the products of combustion, electrical power or other similar means, and includes a superheater, reheater, economiser, boiler piping support, mounting, valve, gauge, fitting, control, setting, or other equipment directly associated with a boiler, but does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid;
boom-type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of two or more of these, used to support a platform on which a person, equipment or materials may be elevated;
bracket scaffold means a scaffold the platform of which is carried on frames attached to, or supported by, a permanent or temporary construction;
breathing zone in relation to a person means the area represented by an imaginary hemisphere 300 mm in radius that—
(a)extends in front of the face of the person; and
(b)is measured from the midpoint of an imaginary line joining his or her ears;
bridge crane means a crane that incorporates a bridge beam mounted at each end to an end carriage, is capable of travelling along elevated runways, and has one or more hoisting mechanisms arranged to traverse across the bridge;
BS means a standard of The British Standards Institution;
buffing means a process of polishing or abrading carried out by means of a powder, paste or other substance applied to the surface of a mechanically operated wheel, disc or band;
building has the same meaning as in the Development Act 1993;
building maintenance equipment means a suspended platform and associated equipment that incorporates permanently installed overhead supports to provide access to a face or other similar surface of a building for maintenance purposes, and includes a building maintenance unit and a swing stage, but does not include a suspended scaffold;
building maintenance unit means a power-operated suspended platform and associated equipment that is permanently installed on a building and specifically designed to provide access to a face of a building for maintenance purposes;
cantilevered scaffold means a scaffold that is supported by cantilevered load-bearing members, but does not include a bracket scaffold;
chemical name of a substance means the recognised chemical name of the substance used in scientific or technical texts;
commissioning in relation to plant means performing necessary adjustments, tests and inspections to ensure that the plant is in full working order to specified requirements, and includes recommissioning;
competent person means a person who is suitably qualified (whether by experience, training, or both) to carry out the work or function described in the relevant regulation;
concrete placing unit (truck mounted with boom) means plant used to place concrete in a particular place by pumping the concrete through a pipeline attached to, or forming part of, a boom, where the plant is capable of travelling over a supporting surface without a fixed runway or track and relies on gravity for stability and, accordingly, does not have a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to act as an aid to stability;
confined space means an enclosed or partially enclosed space which—
(a)is at atmospheric pressure during occupancy; and
(b)is not intended or designed primarily as a place of work; and
(c)may have restricted means of entry and exit; and
(d)may—
(i)have atmospheric contaminants or an unsafe oxygen level; or
(ii)cause engulfment,
and may include (but is not limited to)—
(e)a storage tank, tank car, process vessel, boiler, pressure vessel, silo or other tank-like compartment;
(f)an open-topped space (such as a degreaser or pit);
(g)a pipe, sewer, shaft, duct or similar structure;
(h)a shipboard space entered through a small hatchway or access point, or a cargo tank, cellular double bottom tank, duct keel, ballast or oil tank or other void space, other than a dry cargo hold;
consumer package means a package intended for retail display and sale (and includes a package that is transported and distributed as part of a larger consolidated package that consists of a number of identical consumer packages);
container means anything in or by which substances are or have been wholly (or partly) cased, covered, enclosed, contained or packed (whether such a container is empty, partially full or completely full), but does not include a tank or bulk storage container within the meaning of the ADG Code;
conveyor means an apparatus or equipment, worked by a form of power, other than human power, by means of which loads may be raised, lowered, transported or continuously driven by—
(a)an endless belt, rope, chain or other similar means; or
(b)buckets, trays or other containers or fittings moved by an endless belt, rope, chain or other similar means; or
(c)a rotating screw; or
(d)a vibration or walking beam; or
(e)a powered roller conveyor where the rolls are driven by an endless belt, rope, chain or other similar means,
and includes the supporting structure, auxiliary equipment and gear used in connection with such an apparatus or equipment;
crane means an appliance by means of which loads may be raised or lowered and moved horizontally and includes the supporting structure and foundations of such a structure, but does not include an industrial lift truck, earthmoving machinery, an amusement structure, a tractor, an industrial robot, a conveyor, building maintenance equipment, a suspended scaffold or a lift;
dB(A) means decibels of A-weighted sound pressure level;
dB(C) means decibels of C-weighted sound pressure level;
deluge facility means an eye-bath, deluge shower or hand-held tap attachment that is designed to drench a contaminated part of the body with water;
designer means a person who designs plant or structures, or who is responsible for the design of plant or structures;
dry abrasive blasting means abrasive blasting conducted without addition of water to the abrasive material or its propellant;
earthmoving machinery means an operator-controlled item of plant used to excavate, load, transport, spread or compact earth, overburden, rubble, spoil, aggregate or similar materials, but does not include a tractor or an industrial lift truck;
electroplating or electroplating process means a process that involves applying a deposit of metal to something by electrolytic means;
electroplating substance means a poisonous or corrosive substance used for electroplating;
electrical installation means any electrical wiring, accessory, fitting, consuming device, control or protective gear, or other equipment associated with wiring situated in or on a workplace;
electrical plant means plant which consumes, converts or generates electricity;
elevating work platform means a telescoping device, scissor device or articulating device (or any combination of two or more of these) used to move people, equipment and material to and from a work location above the device's support surface;
emergency service means—
(a)the South Australian Metropolitan Fire Service;
(b)the Country Fire Service;
(c)the South Australian Police Force;
(d)any other department or agency or instrumentality of the Crown which may be required to attend at the scene of an emergency;
engineering noise control means a measure that reduces the noise to which a person at a workplace is exposed through the design or modification of plant or the physical working environment, including design or modification for—
(a)eliminating noisy plant;
(b)replacing noisy plant by quieter plant;
(c)reducing noise emission at its source;
(d)isolating or enclosing noisy plant;
(e)the acoustical treatment of the workplace,
but does not include the use of personal hearing protectors;
erector means a person who erects, dismantles or alters a structure, or the structure of plant;
ergonomic connotes a situation where steps have been taken to optimise the functioning of plant, or systems of work associated with plant, by adapting them to human capacity or need;
excavation work means work involving the removal of soil or rock from a site to form an open face, hole or cavity;
exposure standard—
(a)in relation to an atmospheric contaminant—see subregulation (4);
(b)in relation to noise—see Division 2.10 of Part 2;
extra-low voltage means voltage not exceeding 32V alternating current or 115V direct current;
faller means a person who fells or cross-cuts trees;
fault in relation to plant means a break or defect which may cause the plant to present a risk to health or safety, or in the case of a fault in the design of plant, fault means an aspect of the plant design which gives rise to, or may result in, a break or defect that may cause the plant to be a risk to health or safety if manufactured in accordance with the design specifications;
felling means the act of cutting, trimming, chopping or pulling down a tree, or any part of a tree;
fired heater means a pressure vessel in which a liquid is heated below its normal atmospheric boiling temperature, or a process fluid is heated in tubes above or below its normal atmospheric boiling temperature, by the application of fire, the products of combustion, electric power or similar high temperature means;
flammable solution means a liquid, mixture or solution that has a flash point of less than 61° Celsius;
flexible extension cord means a length of flexible cord one end of which is terminated in a plug and the other end of which is terminated in a cord extension socket;
flexible supply cord means a flexible cable or cord, for supply purposes, that has one end connected to a plug with pins designed to engage with a mains outlet socket, and the other end either—
(a)connected to terminals within the equipment; or
(b)fitted with an appliance connector designed to engage with an appliance inlet socket fitted to the equipment;
forest compartment means a continuous area of forest or plantation surrounded by haul or public roads;
forklift truck means a powered industrial truck equipped with a mast and an elevating load carriage to which is attached a pair of forkarms or another form of loadholding attachment, and includes a truck on which the operator is raised with an attachment for order picking, but does not include a pedestrian operated industrial truck;
foundry work means an operation—
(a)that involves the production of castings by casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting; and
(b)in relation to which there occurs the preparation and mixing of materials, the preparation of moulds and cores (but not the making of patterns or dies in a separate room), knockout processes and dressing operations;
friable asbestos-containing material means—
(a)non-bonded asbestos fabric; or
(b)material that contains more than 1% asbestos by weight and—
(i)is in the form of powder; or
(ii)may be crumbled, pulverised or reduced to powder by hand pressure when dry;
gantry crane means a crane that has a bridge beam, supported at each end by legs mounted on end carriages, that is capable of travelling on supporting surfaces or deck levels (whether fixed or not) and that has a crab with one or more hoisting units that are arranged to travel across the bridge;
gas cylinder means an individual rigid pressure vessel that does not exceed 3 000 litres water capacity, does not have openings or integral attachments on the shell other than at the ends, is designed for the storage or transport of gas under pressure, and is covered by AS 2030 SAA Gas Cylinders Code;
gear means a ladder, plank, rope, chain, coupling, fastening, fitting, hoist block, pulley, hanger, sling, brace or other similar movable contrivance used or intended to be used on or in connection with rigging or scaffolding work, but does not include a ladder that exceeds six metres in length;
generic name of a substance means a name which describes the category or group of chemicals to which the substance belongs (for example, azo dyes or halogenated aromatic amines);
grinding means the abrading, by means of mechanical power, of an article or a part of an article by means of a wheel, disc or band;
guard means a device that prevents or reduces access to a danger point or area;
haul road means a road or track on, or leading to or from, a logging site, other than a public road;
hazard means the potential to cause injury or illness;
hazardous substance means a substance—
(a)that is listed on NOHSC's List of Designated Hazardous Substances; or
(b)that is determined to be a hazardous substance by the manufacturer or importer of the substance on the basis of NOHSC's Approved Criteria for Classifying Hazardous Substances;
hoist means an appliance by means of which loads may be raised or lowered, and includes an elevating work platform, mast climbing work platform, people or materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment;
hung scaffold means a scaffold that is hung from another structure and that is not capable of being raised or lowered when in use;
importer means a person who imports plant, structures, materials for structures, or substances;
Industrial Commission means the Industrial Relations Commission of South Australia;
Industrial Court means the Industrial Relations Court of South Australia;
industrial lift truck means powered mobile plant, designed to move goods, materials or equipment, equipped with an elevating load carriage and, normally, a load-holding attachment, but does not include a mobile crane or earthmoving machinery;
industrial robot means a multifunctional manipulator (and its controllers) that is capable of handling materials, parts, tools or specialised devices through variable programmed motions for the performance of a variety of tasks;
infectious substance means a substance that contains an organism that can cause disease;
ingredient means any component of a substance (including any impurity which has been mixed in with the substance);
inspirable fibrous dust means particles of synthetic mineral fibre in the form of inspirable dust described by AS 3640 Workplace Atmospheres—Method for Sampling and Gravimetric Determination of Inspirable Dust;
installer means a person who installs plant or structures;
interlocked in relation to plant, means fitted with a connection between a guard or machine element and the control system or power system of the plant that allows access to the moving parts of the plant at times when those parts are not moving and prevents those parts from starting or operating when access is available to them;
laser means a device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometres to 1 millimetre by the process of controlled stimulated emission, but does not include an electric light globe, fluorescent light tube, electric radiator used for heating, radio or video communication equipment, domestic cooking appliance that uses a high powered lamp, or navigation or search light;
laser product means any product or assembly of components which constitutes, incorporates or is intended to incorporate a laser;
lead material or lead compound means metallic lead, a compound of lead, or a substance that contains more than 4% by weight of lead;
lead process means a process by virtue of which a person is or may be exposed to dust, mist, fumes or gases containing a lead material or compound, and includes—
(a)the recovery and casting of lead or a lead compound;
(b)the buffing of lead or a lead compound;
(c)the manipulation, movement or other treatment of particles of metallic lead, molten lead, or a lead compound;
lift means a permanent apparatus (or apparatus intended to be permanent) that is in or attached to a building or structure and by means of which persons, goods or materials may be raised or lowered within or on a car, cage or platform and the movement of which is restricted by a guide or guides, and includes an apparatus in the nature of a chairlift, escalator, moving walk or stairway lift, and any supporting structure, machinery, equipment, gear, lift-well, enclosure and entrance;
logging site means a forest, plantation or other place where persons carry out logging work;
logging tractor means a vehicle used in, or for the purposes of—
(a)land clearing operations; or
(b)harvesting operations; or
(c)snigging or skidding; or
(d)pre-hauling; or
(e)loading or unloading logs onto or from a vehicle; or
(f)constructing a haul road,
but does not include a road transport vehicle;
logging work means work associated with obtaining timber from a forest or plantation and includes—
(a)felling, cross-cutting or snigging or skidding any tree or part of a tree;
(b)all forms of forest processing;
(c)pre-hauling;
(d)loading or unloading logs onto or from a vehicle;
(e)transporting logs on a vehicle;
lower explosive limit (LEL) in relation to a flammable contaminant means the concentration of the contaminant in air below which the propagation of a flame does not occur on contact with an ignition source;
lux means the unit of illuminance;
m means metre;
mm means millimetre;
manual handling means an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain a person, animal or thing;
manufacturer means a person who manufactures plant, structures, materials for the purpose of a structure, or substances;
mast climbing work platform means a hoist with a working platform that is used for temporary purposes to raise people or materials to a working position by means of a drive system mounted on an extendable mast (including such a mast tied to a building);
material includes any substance;
minimise means to reduce to the lowest level that is reasonably practicable to achieve;
mobile crane means a crane capable of travelling over a supporting surface without the need for a fixed runway or track and relying only on gravity for stability and, accordingly, does not have a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to act as an aid to stability;
MSDS means a Material Safety Data Sheet prepared in accordance with the requirements of Part 4.1;
NICNAS summary report means a summary report as defined in the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth;
NOHSC means the National Occupational Health and Safety Commission;
noise assessment means an assessment, by a suitably qualified or experienced person, of the noise to which employees at a workplace or a part of a workplace are exposed, for the purposes of—
(a)establishing whether or not the noise to which an employee is exposed exceeds, or is likely to exceed, the exposure standard; and
(b)providing information about the noise to which an employee may be exposed that will assist the employer to achieve the exposure standard for noise;
non-friable asbestos-containing material means material that contains more than 1% asbestos by weight and in which the asbestos fibres are bonded by cement, vinyl, resin or other similar material;
occupational health service means a service that has essentially preventative functions and is responsible for—
(a)advising on the requirements for establishing and maintaining a safe and healthy working environment that will facilitate optimal physical and mental health in relation to work; or
(b)promoting the adaptation of work to the capabilities of workers in view of their physical and mental health; or
(c)providing vocational rehabilitation, health surveillance, or first aid or emergency treatment;
operator protective device includes a rollover protective structure, falling object protective structure, operator restraining device and seatbelt;
owner in relation to a building or plant means a person who has right of title to, and management of, or control over, the building or plant, and includes a person who is exercising such management or control as an agent of the owner;
personal information includes—
(a)an opinion or observation formed or made in relation to the health of a person; and
(b)the results of an examination or test carried out on, or performed in relation to the health of, a person, and an interpretation or assessment of those results;
plating area means a workroom or an area in a workplace where electroplating is carried on;
pole safety belt has the same meaning as in AS 1891 Industrial Safety Belts and Harnesses;
power-driven means driven otherwise than by human or animal power;
prefabricated scaffolding means an integrated system of prefabricated components for a scaffold that is manufactured so that the geometry of the scaffold, when assembled, is pre-determined;
pre-hauling means the movement of logs from the place where felling occurs to the place where logs are loaded onto a road transport vehicle;
presence sensing safeguarding system includes—
(a)a sensing system that employs one or more forms of radiation that are either self-generated or otherwise generated by pressure; and
(b)the interface between the final switching devices of such a sensing system and the machine primary control elements; and
(c)a machine stopping capability that brings the dangerous parts of a machine to a safe state if the presence of a person (or part of a person) is detected within the sensing field;
pressures means pressures expressed as gauge pressures relative to atmospheric pressure;
pressure equipment means—
(a)a boiler; or
(b)a pressure vessel; or
(c)a pressure piping,
that is specifically covered by AS 1200 Boilers and Pressure Vessels (commonly known as "SAA Boiler Code") and has a hazard level A, B, C or D according to the criteria specified in AS 3920 Part 1 Pressure Equipment Manufacture—Assurance of Product Quality;
pressure piping means an assembly (other than a boiler or a pressure vessel or pipeline regulated under other legislation) consisting of pipes, pipe fittings, valves and pipe accessories which are subject to internal or external pressure and used to contain or convey fluid, or to transmit fluid pressure, and includes a distribution header, bolting, gasket, pipe support or pressure retaining accessory;
pressure vessel means a vessel (other than a boiler) that is subject to internal or external pressure greater than atmospheric pressure and includes an interconnected part, component, valve, gauge or other fitting up to the first point of connection to any piping, and a fired heater or gas cylinder;
product name of a hazardous substance means the brand name, trade name, code name or code number specified by the supplier of the substance;
public place means a public road, or a place to which the public ordinarily have access (even if by payment of a fee);
raw asbestos means asbestos as mined or subsequently processed to remove impurities, or to modify its physical properties, but does not include asbestos that has been mixed or combined with another substance, or that has been converted into a manufactured article or product;
R.C.D. means a residual current device as defined in AS 3760 In-Service Safety Inspection and Testing of Electrical Equipment;
record includes anything in which information is stored or from which information may be reproduced;
repair in relation to plant means to restore plant to an operating condition, but does not include routine maintenance, replacement or alteration;
respirable fibre means a particle of synthetic mineral fibre that has—
(a)a diameter less than three micrometres; and
(b)a length greater than five micrometres; and
(c)a length to width ratio greater than 3:1;
retail warehouse operator means a person who operates a warehouse where unopened packaged goods intended for retail sale are held;
retailer means a person who sells substances to other persons who themselves are not engaged in any further resale of the goods;
risk means the probability and consequences of occurrence of injury or illness;
risk assessment means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard or hazards;
risk phrase means a phrase that describes the hazards of a substance, as provided in NOHSC's Approved Criteria for Classifying Hazardous Substances;
rumbling means the freeing of adherent sand from metal castings by rotating the castings in a revolving vessel;
safety harness has the same meaning as in AS 1891 Industrial Safety Belts and Harnesses;
safety phrase means a phrase that describes the procedures for the safe handling or storage of a substance, or the use of personal protective equipment in conjunction with a substance, as provided in NOHSC's Approved Criteria for Classifying Hazardous Substances;
scaffold means a temporary structure specifically erected to support one or more access or working platforms;
scaffolding equipment means a component, assembly or machine used or intended to be used in the construction of a scaffold;
self-employed person means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not that person employs one or more other persons;
skylight means a part of a roof of a building that is designed to allow light into the building;
spray painting means a process in which—
(a)molten or powdered metal; or
(b)a form of paint, enamel, varnish, shellac or liquid containing nitrocellulose, or a mixture of these materials; or
(c)a flammable, injurious or toxic substance,
is applied to an object by spraying;
spur scaffold means a scaffold that is partially supported by inclined load bearing members;
structure includes part of a structure;
supplier—
(a)in relation to plant, structures or materials for structures—means a person who supplies plant or materials by way of sale, lease, exchange or hire, whether as a principal or agent, and includes an importer, wholesaler, distributor and retailer;
(b)in relation to a substance—means a manufacturer, importer, wholesaler or distributor of the substance, but does not include a retailer;
suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use, and includes a boatswain's chair;
synthetic mineral fibre means—
(a)mineral wool, including rockwool and slagwool; and
(b)glassfibre, including superfine glassfibre, glasswool and reinforcing filament; and
(c)ceramic fibre;
temporarily erected structure means a temporary structure, other than a scaffold;
tower crane means a boom or jib crane mounted on a tower structure;
tractor means a motor vehicle, whether wheeled or track mounted, that is designed to provide power and movement to an attached machine or implement by a transmission shaft, belt or linkage system, but does not include earthmoving machinery;
trench means an excavation the length of which exceeds its depth or width;
trenching means excavation work to form a trench for the purposes of laying, maintaining, repairing or replacing conduits, pipes or cables;
use—
(a)in relation to plant—means to work from, operate, maintain, inspect or clean plant; and
(b)in relation to a substance—means the production, handling, storage, transportation or disposal of the substance;
vehicle hoist means a vehicle-hoisting device the purpose of which is to provide accessibility for an under-chassis examination or servicing of the vehicle;
wet abrasive blasting means abrasive blasting where water has been added to the abrasive material or its propellant;
wet abrasive blasting inhibitors means a substance added to water used in wet abrasive blasting to reduce the susceptibility of the cleaned surface to flash corrosion;
work box means a personnel carrying device, designed for attachment to a crane, to provide a working area for a person who is elevated by, and works from, the box;
workpiece means material, offcut or scrap (in any form) on which an item of plant is doing work, or any material, offcut or scrap (in any form) produced by an item of plant, but does not include a load being lifted or moved by the plant.
A reference in these regulations to a document (including a code of practice) prepared or published by a body or authority will be taken as a reference to that document as in force from time to time, and if that document is revoked and remade (with or without modifications) includes a reference to the new document in force from time to time.
If an inconsistency exists between a provision of these regulations and a document referred to in these regulations, the provision prevails over the document to the extent of the inconsistency.
(3a)If—
(a)a building conforms with the requirements of the Building Rules under the Development Act 1993 with respect to a particular matter; and
(b)these regulations impose different requirements in relation to the same matter,
then these regulations will not apply to the extent of the inconsistency.
A reference in these regulations to an exposure standard for an atmospheric contaminant is a reference to the relevant exposure standard prescribed by, and measured in accordance with, the Exposure Standards for Atmospheric Contaminants in the Occupational Environment published by NOHSC.
A reference in these regulations to the President of the Industrial Court is a reference to the principal judicial officer of that Court.
Note—
1Section 4 of the Occupational Health, Safety and Welfare Act 1986 sets out various definitions which may be relevant to the interpretation and operation of these regulations.
Division 1.2—Responsibilities under the regulations
1.2.1—Employers
Subject to any express provision in a particular regulation to the contrary, an employer must, in respect of the health, safety or welfare of his or her employees, and the health or safety of any other person who could be adversely affected by the performance of work, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to employers.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)a provision of these regulations that specifically applies to employers,
whether by the employer, an employee or a person engaged to perform work for the employer, the employer is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.2—Employees
Subject to any express provision in a particular regulation to the contrary, an employee must, insofar as is within the employee's control (but without derogating from any common law right)—
(a)do all such things as are required of him or her by the employer to ensure compliance with these regulations; and
(b)use any plant, equipment, clothing, or other items or materials provided under or in accordance with these regulations; and
(c)ensure that he or she is not, by the consumption of alcohol or a drug, in such a state as to endanger his or her own safety at work or the safety of any other person; and
(d)without derogating from the operation of paragraphs (a), (b) and (c), comply with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to employees.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to employees,
the employee is guilty of an offence.
Penalty: Division 7 fine.
1.2.3—Self-employed persons
Subject to any express provision in a particular regulation to the contrary, a self-employed person must, in respect of his or her own health or safety while at work, and the health or safety of any other person who could be adversely affected by the performance of work, insofar as is relevant to the performance of work by the self-employed person and within his or her control, comply with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to self-employed persons.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to self-employed persons,
the self-employed person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.4—Occupiers of workplaces
Subject to any express provision in a particular regulation to the contrary, the occupier of a workplace must, insofar as is relevant to health, safety or welfare at the workplace, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to occupiers of workplaces.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to the occupiers of workplaces,
the occupier is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.5—Owners of buildings
Subject to any express provision in a particular regulation to the contrary, the owner of a building, other than domestic premises, that comprises or includes a workplace must, insofar as may be relevant to health, safety or welfare in, on or about the building, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to the owners of buildings.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to the owners of buildings,
the owner is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.6—Owners of plant
Subject to any express provision in a particular regulation to the contrary, a person who is the owner of any plant—
(a)that is used in a workplace; or
(b)to which the Act extends by virtue of the Schedule 2 of the Act,
must, insofar as is relevant to any such plant, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to the owners of plant.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who are the owners of plant,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
For the purposes of this regulation (and Schedule 1), a reference to an owner of plant will be taken to include a reference to any proprietor of an amusement structure under Part 3A.
1.2.7—Designers of buildings
Subject to any express provision in a particular regulation to the contrary, a person who designs a building, other than domestic premises, that is reasonably expected to comprise or include a workplace must, insofar as may be relevant to health, safety or welfare in, on or about the building, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 2, applies to the designers of buildings.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who design buildings,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.8—Designers of plant or structures
Subject to any express provision in a particular regulation to the contrary, a person who designs any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of the Schedule 2 of the Act; or
(b)structure,
must, insofar as is relevant to any such plant or structure, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 2, applies to the designers of plant or structures.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who design plant or structures,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.9—Manufacturers
Subject to any express provision in a particular regulation to the contrary, a person who manufactures any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of the Schedule 2 of the Act; or
(b)structure; or
(c)materials to be used for the purpose of a structure; or
(d)substance for use at work,
must, insofar as is relevant to any such plant, structure, materials or substance, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 2, applies to manufacturers.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who manufacture plant, structures, materials or substances,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.10—Suppliers
Subject to any express provision in a particular regulation to the contrary, a person who supplies any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of the Schedule 2 of the Act; or
(b)structure; or
(c)materials to be used for the purpose of a structure; or
(d)substance for use at work,
must, insofar as is relevant to any such plant, structure, materials or substance, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 2, applies to suppliers.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who supply plant, structures, materials or substances,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.11—Importers
Subject to any express provision in a particular regulation to the contrary, a person who imports any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of the Schedule 2 of the Act; or
(b)structure; or
(c)materials to be used for the purpose of any structure; or
(d)substance for use at work,
must, insofar as is relevant to any such plant, structure, materials or substance, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 2, applies to importers.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who import plant, structures, materials or substances,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.12—Installers or erectors of plant or structures
Subject to any express provision in a particular regulation to the contrary, a person who installs or erects any—
(a)plant—
(i)at a workplace; or
(ii)to which the Act extends by virtue of the Schedule 2 of the Act; or
(b)structure,
must, insofar as is relevant to any such plant or structure, ensure compliance with any regulation that, pursuant to regulation 1.2.14 and Schedule 2, applies to installers or erectors.
In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who install or erect plant or structures,
the person is guilty of an offence.
Penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
1.2.13—Other persons
A person must not wilfully or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of a requirement under these regulations and, in particular, must comply with any regulation that, pursuant to regulation 1.2.14 and Schedule 1, applies to "other persons".
In the event of a contravention of subregulation (1), the person is guilty of an offence.
1.2.14—Specification of responsibilities
For the purposes of the operation of these regulations, a regulation referred to in the first column of Schedule 1 or 2 will, subject to any qualification contained in the relevant Schedule, apply to the person or persons who fall within the various categories indicated by the tick or ticks, or words, that appear in the same row of the Schedule as the reference to the regulation.
(2)Subregulation (1) (and Schedules 1 and 2) are subject to an express provision in a regulation that places a specific duty or responsibility on a person of a specified class.
Subject to an express provision in a particular regulation to the contrary, if more than one person is under an obligation to comply with a regulation, each person is required to comply with that regulation to its full extent and without regard to the fact that another person or persons are also under an obligation to comply with the regulation.
The delegation of a duty or responsibility created or defined by a regulation does not excuse a person to whom the regulation applies by virtue of subregulation (1) from any non-compliance with the regulation.
1.2.15—General defence
It is a defence to a charge for an offence against these regulations for the accused to prove that the offence relates to a matter over which the accused did not have control and could not reasonably have been expected to have control.
Division 1.3—General principles for implementation of the regulations
Subdivision 1—Responsibilities of employers
1.3.1—Consultation
An employer must, in relation to the implementation of these regulations, consult with any relevant health and safety representative and health and safety committee where the implementation of these regulations requires a change to a workplace, work process, policy or procedure which may affect the health, safety or welfare of an employee at work.
Without derogating from subregulation (1), in complying with the identification, assessment and control provisions of these regulations, an employer must—
(a)consult with any health and safety representative who represents an employee who is required to carry out the relevant work; and
(b)consult with any health and safety committee that has responsibility in relation to an employee who is required to carry out the relevant work; and
(c)if there is no health and safety representative or health and safety committee with which consultation can occur under paragraph (a) or (b), consult, so far as is reasonably practicable, with the particular employee or employees who are required to carry out the relevant work; and
(d)if an employee who is required to carry out the relevant work is a member of a registered association—
(i)at the request of a health and safety representative who represents the employee; or
(ii)if the employee is not represented by a health and safety representative, at the request of the employee,
invite the registered association to consult with the employer in relation to the performance of the work; and
(e)if an invitation under paragraph (d) is accepted—consult with the registered association.
For the purposes of this regulation, consultation involves the sharing of information and the exchange of views between employers and the persons or bodies that must be consulted and the genuine opportunity for them to contribute effectively to any decision-making process to eliminate or control risks to health or safety.
An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
If—
(a)an employer must, in order to comply with the requirements of this regulation, disclose information which—
(i)relates to a trade secret; or
(ii)is held by the employer on a confidential basis; and
(b)the employer, at the time that he or she discloses the information, declares that the information is confidential,
a person to whom the information is disclosed (either by the employer or by another person) must not (if he or she is aware of the confidential nature of the information) communicate the information to a third person unless—
(c)—
(i)that third person is directly involved in the consultation process; or
(ii)the disclosure of the information is necessary to protect the health, safety or welfare of another person; or
(iii)the disclosure is—
(A)necessary for the proper performance of an official duty; or
(B)made with the consent of the employer; or
(C)required by a court or tribunal constituted by law; and
(d)the person—
(i)informs the third person that the information is confidential information supplied for the purposes of these regulations; and
(ii)takes such other steps as are reasonable in the circumstances of the particular case to protect the confidentiality.
1.3.2—Hazard identification and risk assessment
An employer must, in relation to the implementation of these regulations, ensure that appropriate steps are taken to identify all reasonably foreseeable hazards arising from work which may affect the health or safety of employees or other persons at the workplace.
If a hazard is identified under subregulation (1), an employer must ensure that an assessment is made of the risks associated with the hazard.
In carrying out an assessment under subregulation (2), an employer must, as far as is reasonably practicable, determine a method of assessment that adequately addresses the hazards identified, and includes one, or a combination of two or more, of the following:
(a)a visual inspection;
(b)auditing;
(c)testing;
(d)technical or scientific evaluation;
(e)an analysis of injury and near-miss data;
(f)discussions with designers, manufacturers, suppliers, importers, employers, employees or other relevant parties;
(g)a quantitative hazard analysis.
Without limiting the operation of subregulations (1) and (2), the identification of hazards and the assessment of associated risks must be undertaken—
(a)before the introduction of any plant or substance;
(b)before the introduction of a work practice or procedure;
(c)before changing the workplace, a work or work practice, or an activity or process, where to do so may give rise to a risk to health or safety.
An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
This regulation does not derogate from the operation of any other regulation that expressly provides for the identification of hazards or the assessment of risks to the health or safety of a person at work.
1.3.3—Control of risk
An employer must, on the basis of a risk assessment under regulation 1.3.2, ensure that any risks to health or safety arising out of work are eliminated or, where that is not reasonably practicable, minimised.
An employer must, in the implementation of subregulation (1), ensure that the minimisation of any risk is achieved by the application of the following hierarchy of control measures:
(a)firstly, the application, so far as is reasonably practicable, of engineering controls, including substitution, isolation, modifications to design and guarding and mechanical ventilation;
(b)secondly, if steps taken under paragraph (a) do not minimise the risk, the application, so far as is reasonably practicable, of administrative controls, including safe work practices;
(c)thirdly, if steps taken under paragraph (a) and (b) do not minimise the risk, the provision of appropriate personal protective equipment.
An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
This regulation does not derogate from the operation of any other regulation that expressly provides for the control of risks to the health or safety of a person at work.
1.3.4—Information, instruction and training
An employer must, in relation to the implementation of these regulations, ensure that an employee receives suitable and adequate information, instruction and training for any task that he or she may be required to perform at work.
For the purposes of this regulation—
(a)the amount of information, instruction and training (if any) required, and the time at which it must be provided, will be assessed according to the nature of the risks associated with the particular task; and
(b)the information, instruction and training must be reviewed and revised at reasonable intervals; and
(c)the information, instruction and training must be provided in a language that is appropriate to the relevant employee; and
(d)records must be kept (for a period of five years from the date of the last entry in them) in relation to the provision of information, instruction and training where the work involves any plant, substances or activity that is a risk to health or safety.
An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
This regulation does not derogate from the operation of any other regulation that expressly provides for the provision of information, instruction or training in relation to the performance of any work.
1.3.5—Induction to new work
An employer must, in relation to the implementation of these regulations, ensure that an employee receives suitable and adequate assistance in the performance of any task not previously undertaken by the employee.
For the purposes of this regulation—
(a)the amount of assistance (if any) required, and the time at which the assistance must be provided, will be assessed according to the nature and degree of the risks associated with the particular task; and
(b)the assistance required includes, depending on what is reasonable in the circumstances of the particular case—
(i)the provision of proper information, instruction and training before the employee undertakes the task; and
(ii)the provision of appropriate supervision until the employee is reasonably competent to undertake the task without causing a risk to the health or safety of himself, herself or another.
An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
This regulation does not derogate from the operation of any other regulation that expressly provides for the provision of information, instruction, training or supervision in relation to the performance of any work.
1.3.6—Supervision
An employer must, in relation to the implementation of these regulations, ensure that an employee is provided with suitable and adequate supervision to ensure his or her health and safety at work.
For the purposes of this regulation—
(a)the amount of supervision (if any) required, and the time at which it must be provided, will be assessed according to the nature of the risks at work; and
(b)the supervision must be—
(i)related to the employee's level of competence and experience; and
(ii)carried out by a competent person.
An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
This regulation does not derogate from the operation of any other regulation that expressly provides for the provision of supervision in relation to the performance of any work.
1.3.7—Employer action on reports
An employer must ensure that when the employer is notified of a hazardous situation, appropriate action is taken, so far as is reasonably practicable, to eliminate or control any risk associated with that situation.
Penalty: Division 6 fine.
If an employee suffers a work-related injury, the employer must ensure that a record of the injury is made, and that the record is kept for at least three years after the date of the injury.
Penalty: Division 6 fine.
Subdivision 2—Responsibilities of employees
1.3.8—Responsibilities of employees
If an employee becomes aware of a hazardous situation or incident, or of a situation that could be a source of danger to himself or herself, or to another person, the employee must—
(a)to the extent (if any) that is reasonable in the circumstances of the particular case—take reasonable steps to protect the health and safety of any person who may be immediately threatened by the situation; and
(b)immediately report the matter to the employer and any relevant health and safety representative.
Penalty: Division 7 fine.
An employee must, to his or her best ability, apply any information, instruction or training provided for the purposes of these regulations.
Penalty: Division 7 fine.
An employee must report to the employer any matter that, to the knowledge of the employee, may affect the employer's ability to comply with a provision of these regulations.
Penalty: Division 7 fine.
Note—
The following standard is an approved code of practice under the Act and is relevant to the subject-matter of this Division:
AS 1885.1: Workplace Injuries and Disease Recording Standard
Part 2—General workplace
Division 2.1—Access and egress
2.1.1—Access and egress
The purpose of this regulation is to prescribe standards that must be observed at a workplace so that a person may—
(a)move conveniently and safely about the workplace; and
(b)leave the workplace in an emergency; and
(c)have safe access to any place or workplace amenity.
A person who undertakes work at a workplace, or on or about a workplace, must be provided with a safe means of access to and egress from—
(a)the place where the work must be performed; and
(b)any amenities provided for the use of that person.
A passage or other space used for normal movement about the workplace or intended for emergency egress must be kept free of any obstruction that could hinder or prevent the safe and rapid egress of a person in an emergency and if work must occur in the passage or space, the space for egress must be at least 600 mm wide.
If—
(a)the side boundaries of an aisle are not otherwise clearly defined; and
(b)it is reasonable that the boundaries of the aisle be defined in the interests of health and safety,
the side boundaries of the aisle must be clearly marked by lines that are—
(c)not less than 50 mm wide; and
(d)painted or otherwise delineated on the floor in a permanent manner; and
(e)coloured sunflower yellow; and
(f)maintained in a clearly visible condition.
Note—
The following standard is an approved code of practice under the Act and is relevant to the subject-matter of this Division:
AS 1657: Fixed Platforms, Walkways, Stairways and Ladders
Division 2.2—Amenities
2.2.1—Facilities for personal belongings
The purpose of this regulation is to require the provision of reasonable access to facilities for keeping clothes and personal belongings at work.
An employee must be provided with reasonable access to facilities for keeping clothes and personal belongings while at work.
2.2.2—Facilities for changing clothes
The purpose of this regulation is to require the provision of reasonable access to facilities for changing clothes in certain cases.
Buildings
If—
(a)the nature of work or the usual working conditions are such that an employee needs a change of clothes before, during or after work; and
(b)the work is usually performed at the same place; and
(c)—
(i)the workplace is within a building; or
(ii)a building where changing facilities can be provided is within close proximity to the workplace,
then—
(d)subject to subregulation (5), separate change rooms for males and females must be provided; and
(e)each change room must have sufficient space and adequate seating for the maximum number of persons who are changing at a particular time, and be provided with a reasonable number of mirrors and adequate shelving.
Temporary workplaces
If—
(a)the nature of work or the usual working conditions are such that an employee needs a change of clothes before, during or after work; but
(b)either—
(i)the work is not usually performed at the same place; or
(ii)the workplace is not within a building, and no building where changing facilities can be provided is within close proximity to the workplace,
then—
(c)subject to subregulation (5), changing facilities must be provided or arranged for male and female employees that—
(i)are convenient to the workplace; and
(ii)are hygienic; and
(iii)afford reasonable privacy; and
(iv)if more than five employees are required to carry out the work at a particular place for two or more weeks—comply with the requirements of subregulation (4); and
(d)if clothing or boots usually become wet during the course of work and as a result may adversely affect the employee's health, safety or welfare, drying facilities must be provided or arranged.
Changing facilities comply with the requirements of this subregulation if the facilities—
(a)have a floor area of at least one square metre per person for the maximum number of persons who must use the facility at a particular time, and in any event a floor area of at least nine square metres; and
(b)are—
(i)weather proofed; and
(ii)well ventilated; and
(iii)lined; and
(iv)fitted with a dry floor and operable windows fitted with flyscreens; and
(v)equipped so as to allow persons using the facility to hang their clothes in a reasonable manner.
If organisational arrangements can be made to provide privacy and security between male and female employees, it is only necessary to provide one change room under this regulation.
2.2.3—Facilities for dining
The purpose of this regulation is to require the provision of reasonable access to hygienic facilities for eating meals at work.
Buildings
If—
(a)the nature of work or the usual working conditions (including the number of persons at work and the hours worked) are such that it is reasonable that dining facilities for employees involved in the work be provided; and
(b)the work is usually performed at the same place; and
(c)—
(i)the workplace is within a building; or
(ii)a building where dining facilities can be provided is within close proximity to the workplace,
then—
(d)reasonable access to a dining area or dining room must be provided; and
(e)a dining area or dining room provided under this regulation must—
(i)be hygienic and waterproof; and
(ii)be separated from any hazard (including noise, dirt and atmospheric contaminants) produced by a work process; and
(iii)provide reasonable facilities for washing and storing utensils, boiling water, and storing food in a cool place; and
(iv)be fitted with a chair or seat for each person using the facility at a particular time, and provide at least 600 mm of table space per person; and
(v)be supplied with a reasonable number of refuse receptacles that are maintained in a clean and hygienic condition.
Temporary workplaces
If—
(a)the nature of work or the usual working conditions are such that it is reasonable that dining facilities for employees involved in the work be provided; but
(b)the workplace is not within a building, and no building where dining facilities can be provided is within close proximity to the workplace,
then—
(c)the employees who are required to carry out the work must have access to reasonable dining facilities that are—
(i)separate from, but convenient to, the workplace; and
(ii)hygienic; and
(iii)protected from the weather; and
(d)if more than five employees are required to carry out the work at a particular place for two or more weeks, those facilities must comply with subregulation (4).
Dining facilities comply with the requirements of this subregulation if the facilities—
(a)have a floor area of at least one square metre per person for the maximum number of persons who must use the facility at a particular time and in any event a floor area of at least nine square metres; and
(b)are—
(i)well ventilated; and
(ii)lined; and
(iii)fitted with a dry floor and operable windows fitted with flyscreens; and
(iv)equipped with a reasonable table and seating accommodation; and
(v)provided with suitable facilities for washing and storing utensils, boiling water, and storing food in a cool place; and
(vi)supplied with a reasonable number of refuse receptacles which are maintained in a clean and hygienic condition.
2.2.4—Combined facilities
The purpose of this regulation is to allow facilities for personal belongings, changing facilities and dining facilities to be combined in certain circumstances.
If—
(a)no more than 15 persons are employed at a workplace; and
(b)the clothing worn by them at work would not cause a risk to persons who are eating,
the facilities required under the preceding regulations of this Division may be combined subject to the qualification that the facility must have a floor area of at least 1.2 square metres per person for the maximum number of persons who must use the facility at a particular time.
2.2.5—Toilets
The purpose of this regulation is to ensure provision of reasonable access to toilet facilities at workplaces.
Each employee at work must have reasonable access to toilet facilities provided in accordance with the following requirements:
(a)there must be at least one toilet per 15 employees (or portion of 15 employees) at work at any particular time; and
(b)if a female is employed at the workplace, adequate and hygienic means for sanitary disposal must be provided.
A toilet provided pursuant to subregulation (2)—
(a)if situated at a permanent workplace in a sewered area—must be a watercloset attached to a sewer;
(b)if situated at a permanent workplace outside a sewered area—must be a watercloset attached to a septic tank, or to some other system approved by the Director;
(c)if situated at a temporary workplace—
(i)within the metropolitan area or a township—must be a watercloset attached to a sewer or septic tank, or a water flush chemical closet;
(ii)outside the metropolitan area or a township—must be a water flush chemical closet, an earth closet, or a system that complies with the Public and Environmental Health Act 1987; and
(d)must be maintained in a clean and hygienic working condition.
However, a toilet need not be provided at a temporary workplace if—
(a)premises with a clean and hygienic toilet facility are reasonably accessible on the site; and
(b)the owner of the premises has given permission for people working on the site to use the facility; and
(c)the number of people working on the site at any one time does not exceed 5 people.
Access to separate toilets for males and females must be provided unless, taking into account the size of the workplace and the organisational arrangements that can be made to provide privacy and security between male and female employees, it is reasonable to provide access to a single facility.
In this regulation—
township has the same meaning as in the Local Government Act 1999.
2.2.6—Washing facilities
The purpose of this regulation is to ensure the provision of reasonable access to washing facilities at workplaces.
Each employee at work must have reasonable access to handwashing facilities in the ratio of at least one washing facility per 15 employees (or portion of 15 employees) at work at a particular time.
(2a)A handwashing facility provided under subregulation (2) must include running water or, if the provision of running water is not practicable, an adequate supply of clean water must be provided for use in the handwashing facility.
If the nature of the work or the usual working conditions are such that an employee needs a shower after work, the employee must have access to shower facilities as follows:
(a)unless otherwise prescribed in relation to a particular kind of work—
(i)except where subparagraph (ii) applies—there must be at least one shower per 15 persons (or portion of 15 persons) who require a shower at a particular time;
(ii)where the work is hot, arduous or dirty, there must be at least one shower per 10 persons (or portion of 10 persons) who require a shower at a particular time; and
(b)organisational arrangements must be made to provide privacy and security between male and female employees.
2.2.7—Drinking water
The purpose of this regulation is to ensure that an adequate supply of cool and potable drinking water is available for persons at work.
A supply of drinking water must be available for each employee at work.
2.2.8—Arrangements for sick
The purpose of this regulation is to require that arrangements are made for the well-being of a person at work in case of sickness.
If a first aid room or health centre is not provided at a workplace, a rest area must be provided or suitable administrative arrangements must be made to ensure the well-being of a person who becomes sick while at work.
2.2.9—Seating
The purpose of this regulation is to require the provision of reasonable access to seating for employees.
If a task can be effectively performed while seated and it is reasonable to provide a seat having regard to the nature of the work, a seat must be provided for the use of an employee who performs that task.
If a task cannot be effectively performed while seated, but it is possible for an employee performing that task to sit from time to time, a seat must be available for the use of an employee who performs that task during the periods when sitting is possible.
The type and design of a seat provided for the purposes of this regulation must—
(a)be ergonomically sound; and
(b)provide suitable support; and
(c)be appropriate to the type of work.
Division 2.3—Buildings and their precincts
2.3.1—Application
Subject to subregulation (2), this Division applies to a building that comprises or includes a workplace.
This Division does not apply in relation to—
(a)a place of residence, unless it is used as a workplace on a regular basis; or
(b)a workplace where a self-employed person works alone.
2.3.2—Floors
The purpose of this regulation is to prescribe standards that must be observed in relation to the construction and maintenance of the floors of a workplace within a building.
The floor of a workplace within a building—
(a)must be sufficiently strong to support safely plant and materials, and any person at work; and
(b)must have an even, unbroken and slip-resistant surface that as far as reasonable is free of indentations or other obstructions that could cause a person to trip or stumble; and
(c)must be designed in a manner that allows any work to be carried out safely; and
(d)must be designed to provide adequate drainage where, due to the nature of the work, liquids may come into contact with the floor; and
(e)if subject to use by vehicles, must be maintained in a condition that allows the safe operation and use of a vehicle; and
(f)if fixed coverings are used on only a part of the floor, must be such that the coverings are installed so as to prevent danger from tripping.
If a spillage of a liquid or material occurs that could present a hazard to any person in the vicinity of that section of the floor, reasonable steps must be taken to warn persons of the risk and arrange for the removal of the hazard.
If a person at work must stand for a significant proportion of a work shift in substantially the same position on a floor or work platform that would otherwise constitute a hard surface, a mat or other floor covering that is—
(a)of low thermal conductivity; and
(b)designed to give reasonable relief from the hard surface,
must be provided.
2.3.3—Fragile roofing materials
The purposes of this regulation is to provide for—
(a)notices warning of fragile roofs; and
(b)safe access, and safe systems of work, for a person who must be on a fragile roof; and
(c)the safe guarding of any part of a roof that consists of fragile materials that allow light to enter a building or structure.
If the whole or any part of the roof of a building or structure that comprises or includes a workplace consists of (or includes) any fragile material, then appropriate steps must be taken to warn persons who may be required to carry out work on the roof.
(2a)Appropriate steps under subregulation (2) may include the display of a sign—
(a)that complies with AS 1319 Rules for the Design and Use of Safety Signs for the Occupational Environment and states:
DANGER
FRAGILE ROOFING
USE CRAWL BOARDS; or
(b)that advises a person to seek the advice of appropriate personnel before commencing work on the roof.
If part of the roof of a building or structure that comprises or includes a workplace consists of a fragile skylight—
(a)safety wire mesh must be securely fixed immediately above or below the skylight (and in the case of mesh above the skylight, it must be resistant to corrosion); or
(b)securely fixed and adequately maintained barriers must be installed around the skylight.
(4)Subregulation (3) does not apply in relation to a skylight that satisfies the impact resistance test prescribed by AS 2424 Plastic Building Sheets—General Installation Requirements and Design of Roofing Systems.
If work must be carried out on a roof that consists of (or includes) any fragile material—
(a)a person performing or assisting with the work must be provided with safe access to the roof; and
(b)a safe system of work must be provided and maintained in relation to the performance of the work; and
(c)if there is no reasonably practicable alternative to a person working on the roof, a person working on the roof must be provided with (and use) walkways or crawling boards of a suitable size and strength.
Note—
The following standard is an approved code of practice under the Act and is relevant to the subject-matter of this regulation:
AS 2424: Plastic Building Sheets — General Installation Requirements and Design of Roofing Systems
2.3.4—Space per person
The purpose of this regulation is—
(a)to prescribe minimum space requirements to allow a person who works in a building to perform his or her work in a safe manner; and
(b)to prevent overcrowding in workplaces within buildings.
In this regulation—
working space means a floor area, excluding any area taken up by furniture, fittings or equipment, that is kept available for the person's use and that comprises the place where the person must stand or sit plus the area that is immediately adjacent to that place.
If a person performs work within a building, the person must have adequate working space to carry out the work in a safe manner.
Without limiting the operation of subregulation (3), if the main part of the person's work is performed at a work station and the person is required to stand or sit in the same place at that work station for a substantial period of time, then—
(a)if the work is carried out at a desk (other than a desk situated in a cashier's booth or compartment)—a minimum of three square metres of working space must be provided; and
(b)in any other case—adequate working space must be determined taking into consideration—
(i)the type of work area; and
(ii)the physical actions required to perform the task; and
(iii)the mobility requirements of the work performed; and
(iv)other ergonomic factors which could affect performance of the task in a safe manner.
The distance from the floor to a ceiling of a room where a person works on a regular basis must be at least 2.4 metres.
Persons at work must not be so grouped in a building as to cause a risk to their health, safety or welfare.
A workplace within a building must not become so crowded as to cause a risk to the safety of a person within the building.
Division 2.4—Confined spaces
2.4.1—Preliminary
The purpose of this Division is to prescribe standards to ensure—
(a)that designers, manufacturers and suppliers of confined spaces eliminate, or where that is not reasonably practicable, minimise, the need to enter a confined space; and
(b)that persons in control of confined spaces eliminate, or where that is not reasonably practicable, minimise, risks to persons who must enter or work in a confined space.
2.4.2—Design, manufacture, supply and modification
A person who designs, manufactures or supplies a confined space must ensure—
(a)so far as is reasonably practicable, that the design eliminates the need for persons to enter the confined space; and
(b)if entry may be required, that the confined space is provided with safe means of entry and exit.
A person who modifies a confined space must ensure that the modification does not detrimentally affect the safe means of entry and exit.
2.4.3—Hazard identification and risk assessment
An employer must identify any confined space associated with the performance of work and any reasonably foreseeable hazard associated with working in the confined space.
An employer must ensure, before any work which involves entry into a confined space is commenced for the first time, that a risk assessment is undertaken by a competent person.
A risk assessment undertaken for the purposes of subregulation (2) must at least include an assessment of the following:
(a)if the work can be carried out without the need to enter the confined space; and
(b)the nature of the confined space and the work required to be carried out; and
(c)the various ways in which the work could be carried out; and
(d)the risks associated with the method of work selected, the plant to be used, and any potentially hazardous condition that may exist inside the confined space; and
(e)the need for emergency and rescue procedures.
An employer must ensure that the risk assessment required under subregulations (2) and (3) is revised whenever there is evidence that indicates that it is no longer valid.
An employer must ensure that a report is prepared on any risk assessment under this regulation and that the report is retained for at least five years from the date of the last entry in the report.
2.4.4—Control of risk
An employer must ensure before a person enters a confined space, so far as is reasonably practicable—
(a)that the confined space contains a safe oxygen level; and
(b)that any atmospheric contaminant in the confined space is reduced to below the relevant exposure standard (taking into account NOHSC's Exposure Standards for Atmospheric Contaminants in the Occupational Environment); and
(c)that the concentration of any flammable contaminant in the atmosphere of the confined space is below five per cent of its LEL; and
(d)that the confined space is free from extremes of temperature; and
(e)that appropriate steps are taken to control any risk associated with the presence of any vermin; and
(f)that all potentially hazardous services, including process services, normally connected to the confined space are positively isolated in order to prevent—
(i)the introduction of any material, contaminant, agent or condition harmful to a person in the confined space; and
(ii)the activation or energising of any equipment or service that may pose a risk to the health or safety of a person in the confined space.
If a confined space must be cleared of contaminants in order to comply with subregulation (1), the employer must ensure—
(a)that the contaminants are removed with the use of a suitable purging agent; and
(b)that pure oxygen, or a gas mixture which has oxygen in a concentration greater than 21 per cent by volume, is not used for purging or ventilation.
If it is not reasonably practicable to provide a safe oxygen level, or atmospheric contaminants cannot be reduced to safe levels, an employer must ensure that a person does not enter a confined space unless the person is equipped with suitable respiratory protective equipment.
If a need to enter a confined space has been identified and appropriate risk assessment has occurred, an employer must provide and maintain equipment that is appropriate to the work to be carried out, including equipment for—
(a)personal protection; and
(b)rescue; and
(c)first-aid; and
(d)fire suppression.
An employer must ensure, before a person enters a confined space, and while a person is within a confined space, that appropriate signs and protective barriers are erected to prevent unauthorised persons from entering the area.
An employer must ensure that atmospheric monitoring of the confined space that is consistent with the risk assessment is carried out (if required by virtue of that assessment).
2.4.5—Entry permit
An employer must not allow a person to enter the confined space except with express permission to do so (an entry permit).
An employer must ensure that an entry permit under subregulation (1)—
(a)is in writing; and
(b)includes any precautions or instructions necessary for safe entry to the confined space and the performance of the relevant work; and
(c)is kept for a period of at least one year.
One permit may relate to—
(a)the person responsible for the direct control of the work; and
(b)the persons who must carry out the work.
An employer must ensure that each person who must carry out the work described in the entry permit is advised of, and understands, the contents of the entry permit.
An employer must ensure that a written acknowledgment of the completion of the work in the confined space is prepared and that all persons involved in the work have left the space before the confined space is returned to normal use.
2.4.6—Control of fire and explosion risk
If the concentration of flammable contaminant in the atmosphere of a confined space is found to be between five and 10 per cent of its LEL, an employer must ensure that a person does not enter or remain in the confined space unless a continuous monitoring and suitably calibrated flammable gas detector is used in the confined space while the person is present in the confined space.
If the concentration of flammable contaminant in the atmosphere of a confined space is found to be 10 per cent or more of its LEL, an employer must ensure that no person is allowed to enter or remain in the confined space.
An employer must ensure that no work is carried out within a confined space, or on the outside surface of a confined space—
(a)if the work or any plant is likely to cause or create a risk to the health or safety of a person in the confined space; or
(b)if the work or any plant is likely to cause or create a risk of a fire or explosion.
2.4.7—Rescue arrangements
If a risk assessment (or a review of a risk assessment) indicates a risk to health or safety, an employer must ensure that no person enters a confined space unless a person or persons are on stand-by outside the confined space to render assistance in the event of an emergency.
An employer must provide appropriate arrangements for the effective rescue of a person from a confined space in the event of an emergency, including—
(a)openings for entry and exit to the confined space of adequate size to permit rescue of any person who may enter the confined space; and
(b)procedures to prevent obstruction of the openings by fittings or equipment which could impede rescue,
or, where compliance with paragraphs (a) and (b) is not reasonably practicable, by the provision of a suitable alternative means of rescue.
2.4.8—Education and training
An employer must provide suitable and adequate training for each employee who—
(a)is required to carry out work in or on a confined space; or
(b)undertakes a risk assessment of a confined space; or
(c)issues an entry permit; or
(d)designs or lays out a workplace that incorporates, or could incorporate, a confined space; or
(e)manages or supervises persons working in or near a confined space; or
(f)maintains equipment used for or during work in a confined space; or
(g)purchases, distributes or maintains personal protective equipment for use in a confined space; or
(h)is on stand-by during the performance of work in a confined space; or
(i)could be involved in a rescue or first-aid procedure involving work in a confined space.
The training must, insofar as is relevant to the performance of the particular work and the employee's duties, at least relate to the following:
(a)the hazards associated with confined spaces; and
(b)risk assessment procedures; and
(c)control measures for confined spaces; and
(d)the selection, use, fit and maintenance of safety equipment.
An employer must keep a record of the training provided to an employee for the purposes of this regulation, and—
(a)keep the record for at least five years from the date of the training; and
(b)make the record available, on request, to the relevant employee and an inspector under the Act.
Note—
The following standards are approved codes of practice under the Act and are relevant to the subject matter of this Division:
AS 1715: Selection, Use and Maintenance of Respiratory Protective Devices
AS 1716: Respiratory Protective Devices
AS 2865: Safe Working in a Confined Space
Division 2.5—Electrical
2.5.1—Preliminary
The purpose of this Division is—
(a)to ensure that persons at work are, as far as is reasonably practicable, safe from the risks of injury caused by electricity; and
(b)to minimise the risk of injury, electrical shock or fire at a workplace through the use of, or on account of, any electrical installation or electrical plant; and
(c)to ensure that any electrical work performed on any electrical installation or electrical plant is carried out by a competent person.
2.5.2—Work in vicinity of electrical hazards
Without limiting the operation of any other regulation, if work must be carried out in proximity to exposed live equipment or cables, or to any other electrical hazard, steps must be taken to ensure compliance with any relevant requirements of the Electricity Act 1996, and the regulations made under that Act.
2.5.3—Competency requirements
Any electrical work performed on any electrical installation or electrical plant at a workplace must be carried out by a competent person who must be, if required by the Plumbers, Gas Fitters and Electricians Act 1995, licensed under that Act.
2.5.4—Electrical installations etc
Any electrical installation, plant, materials, equipment or apparatus within a workplace must be so designed, constructed, installed, protected, maintained and tested so as to minimise the risk of injury, electrical shock or fire.
2.5.5—General requirement for hazard identification at the workplace
An employer must ensure—
(a)that any electrical hazard at a workplace is identified and assessed in accordance with regulation 1.3.2; and
(b)that any risks to health or safety arising out of an electrical hazard identified under paragraph (a) are eliminated, or minimised and controlled, in accordance with regulation 1.3.3.
2.5.6—Electrical installations—Hazard identification, risk assessment and control of risk
An employer must ensure—
(a)that hazards are identified and risks assessed in accordance with regulation 1.3.2—
(i)before the connection and supply of electricity to a new electrical installation at a workplace; and
(ii)before the modification, maintenance or repair of an existing supply of electricity to or at a workplace, or of an existing electrical installation at a workplace; and
(b)that any risks to health or safety arising out of a hazard identified under paragraph (a) are eliminated, or minimised and controlled, in accordance with regulation 1.3.3.
All electrical installations within the scope of AS/NZS 3000 Wiring Rules must be designed, constructed, installed, protected, maintained and tested so as to comply with that standard on the basis that—
(a)the standard as it exists at the time of installation of the electrical installation is the minimum standard that will apply; and
(b)if the electrical installation is modified, it is the standard as it exists at the time of modification that will be the minimum standard that will then apply with respect to the modification.
2.5.7—Inspection and testing of electrical plant
Regular inspection and testing must be performed on electrical plant in the workplace if the supply of electricity is through a socket outlet to—
(a)hand held electrical plant; or
(b)electrical plant that is moved while in operation; or
(c)electrical plant that is moved between operations in circumstances where damage to the electrical plant or to a flexible supply cord could reasonably occur; or
(d)electrical plant where electrical safety could be affected by the operating environment.
If electrical plant is fixed, it must be inspected and tested after taking into account—
(a)information provided by the designer or manufacturer of the electrical plant; and
(b)any hazard identification and risk assessment process that is relevant to the use of the electrical plant in its intended work environment.
2.5.8—Provision of R.C.D.s
Subject to complying with any requirement of a preceding regulation under this Division, any risk associated with the supply of electricity through a socket outlet must be minimised so far as is reasonably practicable by the use of an R.C.D.
If the supply of electricity in any situation in a workplace is through a socket outlet not exceeding 20 amps to—
(a)hand held electrical plant; or
(b)electrical plant that is moved while in operation; or
(c)electrical plant that is moved between operations in circumstances where damage to the electrical plant or to a flexible supply cord could reasonably occur; or
(d)electrical plant where electrical safety could be affected by the operating environment,
the electrical plant must be protected by an R.C.D. with a tripping current not greater than 30 milliamps.
An R.C.D. under subregulation (1) or (2) must be—
(a)for a new electrical installation—a non-portable R.C.D.;
(b)for a new or modified circuit on an existing electrical installation—a non-portable R.C.D.;
(c)for an existing electrical installation where paragraph (b) does not apply—either a non-portable R.C.D. or a portable R.C.D., where a portable R.C.D. is connected at the socket outlet supplying electricity to any electrical plant.
An R.C.D. must be provided for any final sub-circuit on a construction or demolition site within the scope and application of AS/NZS 3012 Electrical installations—Construction and demolition sites.
The requirement for an R.C.D. does not apply where—
(a)the supply of electricity is to an extra low voltage system that is electrically separated from earth and from other systems in such a way that a single fault cannot give rise to the risk of electric shock; or
(b)the supply of electricity is to electrical plant and is—
(i)direct current (DC); or
(ii)provided through an isolating transformer that complies with AS/NZS 3108 Approval and test specification—Particular requirements for isolating transformers and safety isolating transformers; or
(iii)provided from a portable generator that complies with AS 2790 Electricity generating sets—Transportable (up to 25 kW).
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Occupational Health, Safety and Welfare Regulations 1995 were revoked by Sch 11 of the Occupational Health, Safety and Welfare Regulations 2010 on 1.9.2010.
Legislation revoked by principal regulations
The Occupational Health, Safety and Welfare Regulations 1995 revoked the following:
Occupational Health, Safety and Welfare Regulations 1986
Principal regulations and variations
Year No Reference Commencement 1995 12 Gazette 23.2.1995 p423 3.4.1995: r 1.1.2 1995 73 Gazette 10.5.1995 p2039 1.7.1995: r 2 1996 42 Gazette 28.3.1996 p1821 28.3.1996: r 2 1996 43 Gazette 28.3.1996 p1822 28.3.1996: r 2 1996 70 Gazette 16.5.1996 p2516 1.7.1996: r 2 1996 111 Gazette 30.5.1996 p2715 1.6.1996: r 2 1996 190 Gazette 22.8.1996 p761 1.9.1996: r 2 1997 38 Gazette 27.3.1997 p1373 27.3.1997: r 2 1997 92 Gazette 13.5.1997 p1892 1.7.1997: r 2 1998 18 Gazette 5.2.1998 p866 1.3.1998: r 2 1998 141 Gazette 11.6.1998 p2556 1.7.1998: r 2 1998 153 Gazette 30.6.1998 p2770 1.7.1998: r 2 1999 97 Gazette 27.5.1999 p2896 1.7.1999: r 2 1999 159 Gazette 29.7.1999 p626 29.7.1999: r 2 1999 193 Gazette 23.9.1999 p1316 1.10.1999: r 2 2000 111 Gazette 25.5.2000 p2818 1.7.2000: r 2 2001 109 Gazette 31.5.2001 p2077 1.7.2001: r 2 2001 133 Gazette 21.6.2001 p2318 1.7.2001: r 2 2002 111 Gazette 20.6.2002 p2633 1.7.2002: r 2 2002 166 Gazette 29.8.2002 p3247 1.9.2002: r 2 2003 130 Gazette 29.5.2003 p2346 1.7.2003: r 2 2003 147 Gazette 12.6.2003 p2500 12.6.2003: r 2 2003 192 Gazette 18.9.2003 p3602 18.9.2004: r 2 2003 229 Gazette 20.11.2003 p4208 1.1.2004: r 2 2004 112 Gazette 27.5.2004 p1650 1.7.2004: r 2 2004 168 Gazette 12.8.2004 p3227 12.8.2004: r 2 2004 212 Gazette 7.10.2004 p3835 7.10.2004: r 2 2005 92 Gazette 26.5.2005 p1496 1.7.2005: r 2 2005 97 Gazette 26.5.2005 p1511 1.7.2005: r 2 2006 63 Gazette 1.6.2006 p1541 1.7.2006: r 2 2006 82 Gazette 15.6.2006 p1708 1.7.2006: r 2 2006 95 Gazette 15.6.2006 p1739 1.7.2006: r 2 2007 118 Gazette 7.6.2007 p2459 1.7.2007: r 2 2008 103 Gazette 5.6.2008 p2060 1.7.2008: r 2 2009 152 Gazette 4.6.2009 p2645 1.7.2009: r 2 2010 116 Gazette 10.6.2010 p2915 1.7.2010: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 Div 1.1 rr 1.1.2 and 1.1.3 omitted under the Legislation Revision and Publication Act 2002 1.7.2004 r 1.1.5 r 1.1.5(1) ADG Code substituted by 193/1999 r 3(a) 1.10.1999 amusement structure varied by 133/2001 r 3 1.7.2001 varied by 63/2006 r 4(1), (2) 1.7.2006 building substituted by 193/1999 r 3(b) 1.10.1999 confined space substituted by 193/1999 r 3(c) 1.10.1999 dB(C) inserted by 212/2004 r 4(1) 7.10.2004 dB(lin) substituted by 193/1999 r 3(d) 1.10.1999 deleted by 212/2004 r 4(2) 7.10.2004 forklift truck inserted by 193/1999 r 3(e) 1.10.1999 hazardous substance varied by 193/1999 r 3(f) 1.10.1999 movable electrical equipment deleted by 166/2002 r 3 1.9.2002 MSDS substituted by 193/1999 r 3(g) 1.10.1999 NOHSC inserted by 193/1999 r 3(h) 1.10.1999 pressure piping varied by 193/1999 r 3(i) 1.10.1999 risk phrase varied by 193/1999 r 3(j) 1.10.1999 safety phrase varied by 193/1999 r 3(k) 1.10.1999 Worksafe Australia deleted by 193/1999 r 3(l) 1.10.1999 r 1.1.5(3a) inserted by 193/1999 r 3(m) 1.10.1999 r 1.1.5(4) varied by 193/1999 r 3(n) 1.10.1999 Div 1.2 r 1.2.6 r 1.2.6(3) inserted by 133/2001 r 4 1.7.2001 Heading preceding r 1.3.1 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 1 heading inserted by 147/2003 Sch 1 12.6.2003 Div 1.3 Heading preceding r 1.3.8 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 2 heading inserted by 147/2003 Sch 1 12.6.2003 Pt 2 Div 2.1 r 2.1.1 r 2.1.1(5) deleted by 193/1999 r 4 1.10.1999 Div 2.2 r 2.2.5 r 2.2.5(3) varied by 192/2003 r 4(1), (2) 18.9.2004 r 2.2.5(4) deleted by 193/1999 r 5 1.10.1999 inserted by 192/2003 r 4(3) 18.9.2004 r 2.2.5(6) inserted by 192/2003 r 4(4) 18.9.2004 r 2.2.6 r 2.2.6(2a) inserted by 192/2003 r 5 18.9.2004 r 2.2.10 deleted by 193/1999 r 6 1.10.1999 Div 2.3 r 2.3.1 r 2.3.1(3) deleted by 193/1999 r 7 1.10.1999 r 2.3.3 r 2.3.3(2) substituted by 193/1999 r 8 1.10.1999 r 2.3.3(2a) inserted by 193/1999 r 8 1.10.1999 r 2.3.4 r 2.3.4(5) varied by 193/1999 r 9 1.10.1999 Div 2.4 r 2.4.1 r 2.4.1(2) deleted by 193/1999 r 10 1.10.1999 r 2.4.4 r 2.4.4(1) varied by 193/1999 r 11 1.10.1999 Div 2.5 varied by 193/1999 r 2 1.10.1999 substituted by 166/2002 r 4 1.9.2002 Div 2.6 r 2.6.1 r 2.6.1(2) deleted by 193/1999 r 13 1.10.1999 Div 2.7 r 2.7.1 r 2.7.1(3) deleted by 193/1999 r 14 1.10.1999 Div 2.8 r 2.8.1 r 2.8.1(4) deleted by 193/1999 r 15 1.10.1999 Div 2.10 r 2.10.2 r 2.10.2(1) varied by 212/2004 r 5 7.10.2004 r 2.10.2(4) deleted by 193/1999 r 16 1.10.1999 r 2.10.3 r 2.10.3(1) varied by 212/2004 r 6 7.10.2004 r 2.10.3(4) deleted by 193/1999 r 17 1.10.1999 Div 2.12 r 2.12.3 deleted by 193/1999 r 18 1.10.1999 Div 2.13 r 2.13.1 r 2.13.1(10) (c) deleted by 193/1999 r 19(a) 1.10.1999 r 2.13.1(12) deleted by 193/1999 r 19(b) 1.10.1999 Div 2.14 r 2.14.1 r 2.14.1(3) deleted by 193/1999 r 20 1.10.1999 Div 2.15 r 2.15.1 r 2.15.1(5) deleted by 193/1999 r 21 1.10.1999 Div 2.16 r 2.16.1 r 2.16.1(5) deleted by 193/1999 r 22 1.10.1999 Div 2.17 r 2.17.1 r 2.17.1.(7) deleted by 193/1999 r 23 1.10.1999 Div 2.18 r 2.18.1 r 2.18.1(5) deleted by 193/1999 r 24 1.10.1999 Pt 3 Div 3.1 r 3.1.2 r 3.1.2(1) deleted by 133/2001 r 5 1.7.2001 r 3.1.3 r 3.1.3(1) r 3.1.3 redesignated as r 3.1.3(1) by 133/2001 r 6 1.7.2001 r 3.1.3(2) inserted by 133/2001 r 6 1.7.2001 r 3.1.6 r 3.1.6(1) r 3.1.6 redesignated as r 3.1.6(1) by 193/1999 r 25 1.10.1999 r 3.1.6(2) inserted by 193/1999 r 25 1.10.1999 Div 3.2 Heading preceding r 3.2.1 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 1 heading inserted by 147/2003 Sch 1 12.6.2003 Heading preceding r 3.2.4 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 2 heading inserted by 147/2003 Sch 1 12.6.2003 Heading preceding r 3.2.8 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 3 heading inserted by 147/2003 Sch 1 12.6.2003 Heading preceding r 3.2.11 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 4 heading inserted by 147/2003 Sch 1 12.6.2003 Heading preceding r 3.2.13 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 5 heading inserted by 147/2003 Sch 1 12.6.2003 Heading preceding r 3.2.15 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 6 heading inserted by 147/2003 Sch 1 12.6.2003 r 3.2.15 r 3.2.15(1) varied by 38/1997 r 3 27.3.1997 (d) deleted by 193/1999 r 26 1.10.1999 r 3.2.16 varied by 133/2001 r 7 1.7.2001 Heading preceding r 3.2.24 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 7 heading inserted by 147/2003 Sch 1 12.6.2003 r 3.2.24 r 3.2.24(2) deleted by 193/1999 r 27 1.10.1999 r 3.2.26 r 3.2.26(4) varied by 42/1996 r 3 28.3.1996 varied by 111/1996 r 3(a)—(c) 1.6.1996 r 3.2.26(5) deleted by 111/1996 r 3(d) 1.6.1996 r 3.2.26(6) varied by 111/1996 r 3(e) 1.6.1996 r 3.2.26(7) varied by 111/1996 r 3(f) 1.6.1996 r 3.2.26(10) inserted by 111/1996 r 3(g) 1.6.1996 r 3.2.28 varied by 159/1999 r 4(b) (Sch 2 cl 4) 29.7.1999 r 3.2.34 deleted by 133/2001 r 8 1.7.2001 Heading preceding r 3.2.36 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 8 heading inserted by 147/2003 Sch 1 12.6.2003 r 3.2.36 varied by 147/2003 Sch 1 12.6.2003 (b)(iv) deleted by 133/2001 r 9 1.7.2001 r 3.2.37 r 3.2.37(4) varied by 38/1997 r 4 27.3.1997 deleted by 193/1999 r 28 1.10.1999 Heading preceding r 3.2.45 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 9 heading inserted by 147/2003 Sch 1 12.6.2003 r 3.2.45 r 3.2.45(1) varied by 38/1997 r 5 27.3.1997 (d) deleted by 193/1999 r 29 1.10.1999 Div 3.4 r 3.4.1 r 3.4.1(6) inserted by 193/1999 r 30 1.10.1999 r 3.4.3 r 3.4.3(14) inserted by 193/1999 r 31 1.10.1999 r 3.4.4 r 3.4.4(2) varied by 70/1996 r 3 1.7.1996 r 3.4.7 r 3.4.7(1) varied by 43/1996 r 3(a) 28.3.1996 deleted by 193/1999 r 32(a) 1.10.1999 r 3.4.7(2) varied by 43/1996 r 3(b) 28.3.1996 deleted by 193/1999 r 32(a) 1.10.1999 r 3.4.7(3) varied by 193/1999 r 32(b), (c) 1.10.1999 r 3.4.7(4) varied by 193/1999 r 32(d), (e) 1.10.1999 (b) deleted by 133/2001 r 10(a) 1.7.2001 r 3.4.7(5) deleted by 133/2001 r 10(b) 1.7.2001 r 3.4.7(7) deleted by 133/2001 r 10(c) 1.7.2001 Pt 3A inserted by 133/2001 r 11 1.7.2001 Div 3A.1 r 3A.1.3 r 3A.1.3(1) r 3A.1.3 redesignated as r 3A.1.3(1) by 63/2006 r 5(2) 1.7.2006 professional engineer varied by 63/2006 r 5(1) 1.7.2006 r 3A.1.3(2) inserted by 63/2006 r 5(2) 1.7.2006 Div 3A.2 Heading preceding r 3A.2.1 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 1 heading inserted by 147/2003 Sch 1 12.6.2003 r 3A.2.3 r 3A.2.3(1) r 3A.2.3 redesignated as r 3A.2.3(1) by 63/2006 r 6 1.7.2006 r 3A.2.3(2) inserted by 63/2006 r 6 1.7.2006 Heading preceding r 3A.2.4 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 2 heading inserted by 147/2003 Sch 1 12.6.2003 r 3A.2.7 varied by 63/2006 r 7 1.7.2006 Heading preceding r 3A.2.8 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 3 heading inserted by 147/2003 Sch 1 12.6.2003 r 3A.2.8 varied by 63/2006 r 8 1.7.2006 Heading preceding r 3A.2.9 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 4 heading inserted by 147/2003 Sch 1 12.6.2003 r 3A.2.10 r 3A.2.10(1) r 3A.2.10 redesignated as r 3A.2.10(1) by 63/2006 r 9 1.7.2006 r 3A.2.10(2) inserted by 63/2006 r 9 1.7.2006 Div 3A.3 r 3A.3.1 r 3A.3.1(1) varied by 63/2006 r 10(1), (2) 1.7.2006 r 3A.3.1(6) varied by 63/2006 r 10(3) 1.7.2006 r 3A.3.1(7) varied by 63/2006 r 10(4) 1.7.2006 r 3A.3.4 r 3A.3.4(2) varied by 63/2006 r 11 1.7.2006 r 3A.3.6 r 3A.3.6(2) varied by 63/2006 r 12(1), (2) 1.7.2006 r 3A.3.6(3a)—(3c) inserted by 63/2006 r 12(3) 1.7.2006 r 3A.3.6(4) varied by 63/2006 r 12(4) 1.7.2006 r 3A.3.6(5) varied by 63/2006 r 12(5) 1.7.2006 r 3A.3.6(6) and (7) inserted by 63/2006 r 12(6) 1.7.2006 r 3A.3.7 r 3A.3.7(4a) inserted by 63/2006 r 13 1.7.2006 Div 3A.4 r 3A.4.1 r 3A.4.1(2) varied by 63/2006 r 14(1) 1.7.2006 r 3A.4.1(3) inserted by 63/2006 r 14(2) 1.7.2006 r 3A.4.2 r 3A.4.2(1) r 3A.4.2 redesignated as r 3A.4.2(1) by 63/2006 r 15 1.7.2006 r 3A.4.2(2) inserted by 63/2006 r 15 1.7.2006 r 3A.4.3 r 3A.4.3(10) inserted by 63/2006 r 16 1.7.2006 Div 3A.5 r 3A.5.2 r 3A.5.2(5) varied by 63/2006 r 17(1) 1.7.2006 r 3A.5.2(6) varied by 63/2006 r 17(2) 1.7.2006 r 3A.5.2(13) varied by 63/2006 r 17(3) 1.7.2006 r 3A.5.2(15) varied by 63/2006 r 17(4) 1.7.2006 r 3A.5.3 r 3A.5.3(3) varied by 63/2006 r 18(1) 1.7.2006 r 3A.5.3(3a) and (3b) inserted by 63/2006 r 18(2) 1.7.2006 r 3A.5.3(5) varied by 63/2006 r 18(3) 1.7.2006 r 3A.5.3(10a) inserted by 63/2006 r 18(4) 1.7.2006 r 3A.5.6 varied by 63/2006 r 19 1.7.2006 r 3A.5.8 deleted by 63/2006 r 20 1.7.2006 Heading preceding r 4.1.1 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 1 heading inserted by 147/2003 Sch 1 12.6.2003 Pt 4 Div 4.1 r 4.1.3 varied by 193/1999 r 33 1.10.1999 Heading preceding r 4.1.4 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 2 heading inserted by 147/2003 Sch 1 12.6.2003 r 4.1.4 r 4.1.4(1) varied by 193/1999 r 34(a) 1.10.1999 r 4.1.4(2) varied by 193/1999 r 34(b), (c) 1.10.1999 r 4.1.5 r 4.1.5(3) varied by 193/1999 r 35 1.10.1999 r 4.1.7 r 4.1.7(5) varied by 193/1999 r 36 1.10.1999 Heading preceding r 4.1.9 deleted by 147/2003 Sch 1 12.6.2003 Subdiv 3 heading inserted by 147/2003 Sch 1 12.6.2003 r 4.1.16 r 4.1.16(2) varied by 193/1999 r 37 1.10.1999 r 4.1.21 varied by 38/1997 r 6 27.3.1997 deleted by 193/1999 r 38 1.10.1999 Div 4.2 r 4.2.3 r 4.2.3(1) varied by 193/1999 r 39(a) 1.10.1999 r 4.2.3(2) varied by 193/1999 r 39(b) 1.10.1999 r 4.2.4 r 4.2.4(2) varied by 168/2004 r 4(1) 12.8.2004 r 4.2.4(4) substituted by 168/2004 r 4(2) 12.8.2004 r 4.2.4(5) varied by 168/2004 r 4(3) 12.8.2004 r 4.2.4(6a) inserted by 168/2004 r 4(4) 12.8.2004 r 4.2.4(11) inserted by 168/2004 r 4(5) 12.8.2004 r 4.2.6 r 4.2.6(1) varied by 229/2003 r 4 1.1.2004 r 4.2.7 r 4.2.7(4) substituted by 229/2003 r 5 1.1.2004 varied by 168/2004 r 5 12.8.2004 r 4.2.8 r 4.2.8(2) varied by 193/1999 r 40 1.10.1999 r 4.2.8(3) varied by 168/2004 r 6(1) 12.8.2004 r 4.2.8(7) inserted by 168/2004 r 6(2) 12.8.2004 r 4.2.9 r 4.2.9(1) varied by 193/1999 r 41 1.10.1999 r 4.2.10 r 4.2.10(1) varied by 193/1999 r 42 1.10.1999 r 4.2.12 inserted by 229/2003 r 6 1.1.2004 Div 4.3 r 4.3.4 r 4.3.4(2) varied by 193/1999 r 43 1.10.1999 Div 4.4 r 4.4.2 r 4.4.2(2) substituted by 193/1999 r 44(a) 1.10.1999 r 4.4.2(3) varied by 193/1999 r 44(b) 1.10.1999 Pt 5 Div 5.4 r 5.4.3 r 5.4.3(2) varied by 193/1999 r 45 1.10.1999 Div 5.6 r 5.6.5 r 5.6.5(4) varied by 193/1999 r 46 1.10.1999 Div 5.11 inserted by 190/1996 r 3 1.9.1996 Div 5.12 inserted by 190/1996 r 3 1.9.1996 Heading preceding r 5.12.1 deleted by 147/2003 Sch 1 12.6.2003 r 5.12.1 r 5.12.1(2a) inserted by 18/1998 r 3 1.3.1998 Heading preceding r 5.12.4 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.12.6 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.12.7 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.12.14 deleted by 147/2003 Sch 1 12.6.2003 r 5.12.19 r 5.12.19(1) varied by 159/1999 r 4(b) (Sch 2 cl 4) 29.7.1999 Heading preceding r 5.12.20 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.12.25 deleted by 147/2003 Sch 1 12.6.2003 r 5.12.40 deleted by 193/1999 r 47 1.10.1999 Div 5.13 inserted by 18/1998 r 4 1.3.1998 Heading preceding r 5.13.1 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.13.3 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.13.4 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.13.6 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.13.13 deleted by 147/2003 Sch 1 12.6.2003 r 5.13.14 r 5.13.14(2) substituted by 166/2002 r 5 1.9.2002 Heading preceding r 5.13.17 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 5.13.18 deleted by 147/2003 Sch 1 12.6.2003 Pt 6 Div 6.1 Heading preceding r 6.1.2 deleted by 147/2003 Sch 1 12.6.2003 Heading preceding r 6.1.11 deleted by 147/2003 Sch 1 12.6.2003 r 6.1.11 varied by 193/1999 r 48 1.10.1999 Div 6.4 r 6.4.1 r 6.4.1(2) national loadshifting guidelines varied by 193/1999 r 49(a) 1.10.1999 national standard varied by 193/1999 r 49(b) 1.10.1999 registered assessor varied by 193/1999 r 49(c) 1.10.1999 r 6.4.1 r 6.4.1(3) inserted by 193/1999 r 49(d) 1.10.1999 r 6.4.9 r 6.4.9(2) varied by 193/1999 r 50 1.10.1999 r 6.4.14 substituted by 193/1999 r 51 1.10.1999 r 6.4.15 r 6.4.15(1) forklift truck deleted by 193/1999 r 52(a) 1.10.1999 r 6.4.15(4) varied by 193/1999 r 52(b) 1.10.1999 r 6.4.16 r 6.4.16(13) inserted by 193/1999 r 53 1.10.1999 Div 6.5 r 6.5.1 r 6.5.1(2) varied by 70/1996 r 4 1.7.1996 varied by 159/1999 r 4(b) (Sch 2 cl 4) 29.7.1999 r 6.5.2 r 6.5.2(3) (b)(iii) deleted by 70/1996 r 5(a) 1.7.1996 (c) deleted by 70/1996 r 5(b) 1.7.1996 r 6.5.2 r 6.5.2(4) deleted by 70/1996 r 5(c) 1.7.1996 r 6.5.2(5) (c) and (d) deleted by 70/1996 r 5(d) 1.7.1996 r 6.5.2(6) deleted by 70/1996 r 5(e) 1.7.1996 Div 6.6 r 6.6.1 r 6.6.1(2) deleted by 193/1999 r 54 1.10.1999 r 6.6.2 r 6.6.2(1) substituted by 193/1999 r 55(a) 1.10.1999 r 6.6.2(2) deleted by 193/1999 r 55(a) 1.10.1999 r 6.6.2(5) deleted by 193/1999 r 55(b) 1.10.1999 r 6.6.3 r 6.6.3(4) varied by 193/1999 r 56 1.10.1999 Div 6.8 r 6.8.1 r 6.8.1(2) substituted by 193/1999 r 57 1.10.1999 r 6.8.2 r 6.8.2(1) varied by 70/1996 r 6(a) 1.7.1996 varied by 92/1997 r 3(a) 1.7.1997 substituted by 153/1998 r 3(a) 1.7.1998 substituted by 97/1999 r 3(a) 1.7.1999 varied by 111/2000 r 3 1.7.2000 varied by 109/2001 r 3(a) 1.7.2001 varied by 111/2002 r 3(a) 1.7.2002 varied by 130/2003 r 4(1) 1.7.2003 varied by 97/2005 r 4(1) 1.7.2005 varied by 82/2006 r 4(1), (2) 1.7.2006 varied by 118/2007 r 4(1), (2) 1.7.2007 varied by 103/2008 r 4(1), (2) 1.7.2008 varied by 152/2009 r 4(1), (2) 1.7.2009 varied by 116/2010 r 4(1), (2) 1.7.2010 r 6.8.2(2) varied by 70/1996 r 6(b) 1.7.1996 varied by 92/1997 r 3(b) 1.7.1997 varied by 153/1998 r 3(b) 1.7.1998 varied by 97/1999 r 3(b) 1.7.1999 varied by 109/2001 r 3(b) 1.7.2001 varied by 111/2002 r 3(b) 1.7.2002 varied by 130/2003 r 4(2) 1.7.2003 varied by 97/2005 r 4(2) 1.7.2005 varied by 82/2006 r 4(1) 1.7.2006 varied by 118/2007 r 4(1) 1.7.2007 varied by 103/2008 r 4(1) 1.7.2008 varied by 152/2009 r 4(1) 1.7.2009 varied by 116/2010 r 4(1) 1.7.2010 Div 6.9 r 6.9.3A inserted by 133/2001 r 12 1.7.2001 Sch 1 varied by 190/1996 r 4 1.9.1996 varied by 18/1998 r 5 1.3.1998 varied by 193/1999 r 58 1.10.1999 varied by 133/2001 r 13 1.7.2001 varied by 166/2002 r 6 1.9.2002 Sch 2 varied by 190/1996 r 5 1.9.1996 varied by 18/1998 r 6 1.3.1998 varied by 193/1999 r 59 1.10.1999 varied by 133/2001 r 14 1.7.2001 varied by 166/2002 r 7 1.9.2002 Sch 3 varied by 133/2001 r 15 1.7.2001 Sch 4 Pt 1 Item 8 deleted by 133/2001 r 16(a) 1.7.2001 Pt 2 Item 6 deleted by 133/2001 r 16(b) 1.7.2001 Sch 5 varied by 229/2003 r 7(1), (2) 1.1.2004 Sch 7 heading substituted by 147/2003 Sch 1 12.6.2003 Sch 8 before substitution by 112/2004 varied by 73/1995 r 3 1.7.1995 substituted by 70/1996 r 7 1.7.1996 varied by 190/1996 r 6 1.9.1996 substituted by 92/1997 r 4 1.7.1997 substituted by 141/1998 r 3 1.7.1998 substituted by 97/1999 r 4 1.7.1999 substituted by 111/2000 r 4 1.7.2000 substituted by 109/2001 r 4 1.7.2001 varied by 133/2001 r 17 1.7.2001 substituted by 111/2002 r 4 1.7.2002 substituted by 130/2003 r 5 1.7.2003 Sch 8 substituted by 112/2004 r 4 1.7.2004 varied by 92/2005 r 4 1.7.2005 substituted by 95/2006 r 4 1.7.2006 substituted by 118/2007 r 5 1.7.2007 substituted by 103/2008 r 5 1.7.2008 varied by 152/2009 r 5 1.7.2009 substituted by 116/2010 r 5 1.7.2010
Historical versions
| Reprint No 1—28.3.1996 |
| Reprint No 2—1.6.1996 |
| Reprint No 3—1.7.1996 |
| Reprint No 4—1.9.1996 |
| Reprint No 5—27.3.1997 |
| Reprint No 6—1.7.1997 |
| Reprint No 7—1.3.1998 |
| Reprint No 8—1.7.1998 |
| Reprint No 9—1.7.1999 |
| Reprint No 10—29.7.1999 |
| Reprint No 11—1.10.1999 |
| Reprint No 12—1.7.2000 |
| Reprint No 13—1.7.2001 |
| Reprint No 14—1.7.2002 |
| Reprint No 15—1.9.2002 |
| Reprint No 16—1.7.2003 |
| Reprint No 17—1.1.2004 |
| 1.7.2004 |
| 12.8.2004 |
| 18.9.2004 |
| 7.10.2004 |
| 1.7.2005 |
| 1.7.2006 |
| 1.7.2007 |
| 1.7.2008 |
| 1.7.2009 |
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